18 Jan 2024
WONG YAN YAN AND ANOTHER v. HUI MAN FAN CINDY aka HUI MIU AND OTHERS
- Citation
- [2024] HKDC 116
- Court
- District Court
- Case number
- DCCJ778/2021
The Court had jurisdiction under Order 11 r1(c) because defendants within jurisdiction were alleged to have acted in concert to receive the plaintiffs' payments; the defendants failed to name a specific PRC court and failed to discharge the burden of establishing that a PRC forum is clearly and distinctly more appropriate — factors raised (location of negotiations, witnesses, accounts, governing law) were insufficient alone or cumulatively to displace Hong Kong as the natural forum — therefore the summons to dispute jurisdiction and to stay for forum non conveniens was dismissed.