30 May 2019
ANZ COMMODITY TRADING PTY LTD v. EXCELLENCE RAISE OVERSEAS LTD AND OTHERS
- Citation
- [2019] HKCFI 1409
- Court
- Court of First Instance
- Case number
- HCCL4/2017
The defendants failed to discharge the burden of proving that Hong Kong is not the natural and appropriate forum and that the English court is clearly and distinctly more appropriate; Hong Kong has real and substantial connections (defendants resident/incorporated there, funds received and dissipated via Hong Kong accounts and key acts occurred in Hong Kong); parallel UK proceedings brought by a different party (MCM) do not justify a stay given separate causes of action and potential injustice to the plaintiff and other defendants. Accordingly the stay and adjournment applications were dismis…