29 Jan 1999
FERROMIN LTD. v. NITTETSU SHOJI CO. LTD.
- Citation
- FERROMIN LTD. v. NITTETSU SHOJI CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCL41/1998
No good arguable case was established under any relied Order 11 head: the proper law and locus of the CIF contract point to Japanese law and Japan as the place of contract (including on agency/apparent authority evidence), the alleged tort claim (deceit/misrepresentation) did not plausibly convert the contractual description into an actionable deceit causing loss in Hong Kong, and in any event Japan is the appropriate forum conveniens; accordingly leave to serve out and the parasitic Mareva injunction were discharged and costs were ordered against the Plaintiff.