21 Jul 2017
JOSEPH GHOSSOUB v. TEAM Y&R HOLDINGS HONG KONG LTD AND OTHERS
- Citation
- JOSEPH GHOSSOUB v. TEAM Y&R HOLDINGS HONG KONG LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV6/2017
The Court dismissed the respondents' appeal: the exclusive jurisdiction clauses did not extend to the petitioner’s exclusion and Makdessi complaints; to the extent an exclusive jurisdiction clause would fetter the statutory right to present an unfair prejudice petition it is inoperative; the English courts lack jurisdiction to grant the unfair prejudice relief sought for a Hong Kong company and would not provide substantial justice or effective remedies in this case; the judge did not err in refusing a stay and her discretionary decision was within a reasonable ambit.