Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Service out/leave to serve out

Legal area

Court

9 Mar 2009

BANK OF CHINA (HONG KONG) LTD v. LINK REGENT INVESTMENT LTD AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. LINK REGENT INVESTMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV307/2008

Orders dispensing with service of writs were set aside because the Appellant was resident outside Hong Kong, no leave to serve out had been obtained as required by the rules, and the court will not use inherent jurisdiction to validate or dispense with service of expired writs in order to circumvent the requirement for leave to serve out; service must be effected with leave or fresh proceedings issued appropriately.
9 Mar 2009

BANK OF CHINA (HONG KONG) LTD v. ALL WORLD INTERNATIONAL LTD AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. ALL WORLD INTERNATIONAL LTD AND OTHERS
Court

Court of Appeal
Case number

CACV306/2008

The Court of Appeal held that orders dispensing with service of expired writs in respect of a defendant residing outside Hong Kong were wrongly made because no leave to serve out had been obtained and the court will not validate lapsed or irregular out-of-jurisdiction service by dispensing with service; accordingly Chu J's orders dispensing with service were set aside, service of the writs was set aside, and the Bank must seek appropriate leave and protective measures before serving the Appellant out of the jurisdiction.