ZIGAL, RECLAIMING MOTION IN THE CAUSE DANIEL MIKHAIL ZIGAL AGAINST GORDON ALEXANDER BUCHANAN [2019] ScotCS CSIH_16 (05 March 2019)

ZIGAL, RECLAIMING MOTION IN THE CAUSE DANIEL MIKHAIL ZIGAL AGAINST GORDON ALEXANDER BUCHANAN [2019] ScotCS CSIH_16 (05 March 2019)

The court held that the defender failed to discharge the burden of proving invalid service or lack of residence in Hong Kong; the foreign judgment was regular and enforceable.

Citation
[2019] ScotCS CSIH_16
Parties
Pursuer and Respondent: Daniel Mikhail Zigal; Defender and Reclaimer: Gordon Alexander Buchanan
Jurisdiction
Scotland
Judgment Date
05 March 2019
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Granting Decree Conform to Foreign Judgment
Outcome
Reclaiming motion refused; interlocutor granting decree conform upheld.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Personal Service, Jurisdiction Based on Residence
Private International Law Civil Procedure Recognition and Enforcement of Foreign Judgments Personal Service Jurisdiction Based on Residence

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Parties

Daniel Mikhail Zigal

Pursuer and Respondent

Gordon Alexander Buchanan

Defender and Reclaimer

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Granting Decree Conform to Foreign Judgment

Legal Issues

  1. 1 Whether personal service of writ in Hong Kong was valid under Hong Kong law
  2. 2 Whether defender was resident in Hong Kong at material time for jurisdiction
  3. 3 Whether burden of proof was correctly allocated regarding service and residence

Ratio Decidendi

The court held that the defender failed to discharge the burden of proving invalid service or lack of residence in Hong Kong; the foreign judgment was regular and enforceable.

Court Disposition

Reclaiming motion refused; interlocutor granting decree conform upheld.

Orders

  • Decree conform to Hong Kong High Court judgment for 774,430 HKD and 99,927 USD plus interest