17 Oct 2019
CHAN PUI SZE AND MAK HAU YIN (THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT) v. WANG JUE
- Citation
- [2019] HKCFI 2515
- Court
- Court of First Instance
- Case number
- HCMP1655/2017
The Hong Kong Court has subject‑matter jurisdiction to hear the trustees' section 49 avoidance claim in personam notwithstanding that the property is situated in the United States; the defendant failed to show that the US courts were a clearly or distinctly more appropriate forum under the Spiliada test; accordingly the defendant's stay/jurisdiction summons was dismissed and the Hong Kong proceedings will continue as a writ with case management directions.