21 Nov 1994
ABUNDANCE ASSETS LTD. v. SUN ASIA PACIFIC HOTELS and Another
- Citation
- ABUNDANCE ASSETS LTD. v. SUN ASIA PACIFIC HOTELS and Another
- Court
- Court of First Instance
- Case number
- HCCL19/1994
Hong Kong is the natural and overwhelmingly appropriate forum for Action 19 because the contract is governed by Hong Kong law, the facts and significant connections are in Hong Kong and Hawaii was not shown to be clearly or distinctly more appropriate; accordingly the stay in Action 19 is refused. Action 108, being a protective proceeding under the Transfer of Business Ordinance intended to lie dormant, should be stayed (lis alibi pendens) to preserve rights pending foreign proceedings.