21 Nov 2022
HALLER AG AND ANOTHER v. VESTEY INTERNATIONAL GROUP LTD AND ANOTHER
- Citation
- [2022] HKCA 1743
- Court
- Court of Appeal
- Case number
- CACV454/2022
The Court of Appeal held there was no real issue between the plaintiffs and the 1st defendant which the plaintiffs could reasonably ask the court to try, so the case did not fall within Order 11 r 1(1)(c); accordingly leave to serve the writ and service on the 2nd defendant were set aside. Because the necessary/proper party gateway failed, the judge's forum non conveniens conclusion was vitiated and the appeal on forum succeeded. The Court declined to grant leave to appeal on the s.20 arbitration ground for lack of jurisdiction under the Arbitration Ordinance.