17 Jun 2008
DUAN QI GUI v. UPPER LIKE INVESTMENTS LTD AND OTHERS
- Citation
- DUAN QI GUI v. UPPER LIKE INVESTMENTS LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV320/2007
The court applied the Spiliada test, accepted that Hong Kong was not the natural forum but concluded the plaintiff did not act unreasonably in failing to commence Mainland proceedings given her detention, criminal proceedings and confiscation risks; the defendants' offered waiver of the limitation defence was uncertain as to effectiveness in Mainland courts; exercise of discretion to grant a stay was properly declined. The appeal was dismissed with costs.