24 Jun 2011
PACIFIC AEROSUPPLIES LTD v. DAKOTA AIR PARTS, INTL INC
- Citation
- PACIFIC AEROSUPPLIES LTD v. DAKOTA AIR PARTS, INTL INC
- Court
- Court of First Instance
- Case number
- HCA1233/2010
The service-out order should not be maintained because the plaintiff made serious material non-disclosures (notably the contemplated and commenced US proceedings and misleading statements about residence), and on balance Hong Kong was not the forum conveniens given the parallel US proceedings, the likelihood that US courts will resolve issues (including national security/public policy questions) and the weakened effect of the exclusive jurisdiction clause once the plaintiff invoked US jurisdiction; accordingly service out under Order 11 should not be allowed.