15 Mar 2006
TUNG HO WAH v. STAR CRUISES (HK) LTD
- Citation
- TUNG HO WAH v. STAR CRUISES (HK) LTD
- Court
- District Court
- Case number
- DCPI44/2005
Clause 9 on the confirmation slip provided sufficient notice to incorporate the Terms and Conditions including the exclusive jurisdiction and choice of law clauses; those clauses were not unconscionable under the UCO given the defendant's legitimate interest in uniformity and absence of exploitation; applying The El Amria factors the balance favoured trial in Hong Kong only if a strong case against a stay established, but here the convenience of witnesses and evidence (medical and factual) being predominantly in Hong Kong meant a stay in favour of Malaysia would cause excessive inconvenience…