Matter

China Railway (Hong Kong) Holdings Limited v Chung Kin Holdings Company Limited (HCA 434/2022)

19 January 2023Hong Kong
19 January 2023Hong Kong
Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCA 434/2022 dated 19 January 2023
High Court of the Hong Kong Special Administrative Region, Court of First Instance
Case no.
HCA 434/2022
Citation
[2023] HKCFI 132
Decision summary
The Court dismissed Chung Kin Holdings Company Limited’s summons to stay China Railway (Hong Kong) Holdings Limited’s Hong Kong proceedings in favour of the Court of Wuhan. It held that the jurisdiction clause in the parties’ debt agreement was governed by Hong Kong law and was non-exclusive, and that the Defendant had not shown Wuhan to be clearly and distinctly the more appropriate forum. The Court also made a costs order nisi requiring the Defendant to pay the Plaintiff’s application costs, subject to the stated timetable for challenge and assessment.
Supporting details
12 authorities · 8 participants
China Railway (Hong Kong) Holdings Limited
Representative
Queenie Lau (For: China Railway (Hong Kong) Holdings Limited)
Representative
Danny Tang (For: China Railway (Hong Kong) Holdings Limited)
Representative
Ng & Shum (For: China Railway (Hong Kong) Holdings Limited)
Chung Kin Holdings Company Limited
Representative
Alexsander Wong (For: Chung Kin Holdings Company Limited)
Representative
Chong & Partners LLP (For: Chung Kin Holdings Company Limited)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
Judge
Alexander Tang
Authorities cited
12
- Hong Ziyun v Chan Kwan Ming ([2019] 4 HKLRD 405)
  case-law
- T & K Electronics v Tai Ping Insurance ([1998] 1 HKLRD 172)
  case-law
- Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb ([2020] 1 WLR 4117)
  case-law
- York Airconditioning & Refrigeration Inc v Lam Kwai Hung ([1995] 2 HKLR 256)
  case-law
- First National Bank of Chicago v Carroway Enterprises ([1990] 2 HKLR 10)
  case-law
- Glencore International AG v Metro Trading Inc ([2001] 1 All ER (Comm) 103)
  case-law
- Bank of China Ltd v Yang Fan ([2016] 3 HKLRD 7)
  case-law
- Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG ([2011] EWHC 3381)
  case-law
- Full Wisdom Holdings Ltd and others v Traffic Stream Infrastructure Co Ltd and others ([2004] 2 HKLRD 1016)
  case-law
- Bayer Polymers Co Ltd v Industrial and Commercial Bank of China, Hong Kong Branch ([2000] 1 HKC 805)
  case-law
- Madison Communications Private Ltd v Le Ecosystem Technology India Private Ltd ([2017] 5 HKLRD 284)
  case-law
- VTB Capital plc v Nutritek International Corpn and others ([2013] 2 AC 337)
  case-law
Direct judgment

China Railway (Hong Kong) Holdings Limited

Chung Kin Holdings Company Limited

High Court of the Hong Kong Special Administrative Region, Court of First Instance