4 Mar 2022
HALLER AG AND ANOTHER v. HALLER AG AND OTHERS
- Citation
- [2022] HKCFI 652
- Court
- Court of First Instance
- Case number
- HCA2988/2018
Summons dismissed. The court held plaintiffs validly relied on the 'necessary or proper party' gateway to serve D2 out of jurisdiction and the Service Out Order and 1st Extension Order were not tainted by material non-disclosure; there was material non-disclosure in respect of the 2nd Extension Order but the court exercised discretion to re-grant the extension on the same terms while awarding indemnity costs for re-grant; there was no prima facie case that the CIETAC arbitration clause existed such as to mandate a stay under s.20 AO; and Hong Kong is the clearly appropriate forum for trial be…