Matter

Friendship Shipping and Trading S.A. v I.V.L. Dhunseri Polyester Company S. A. E. (High Court of Hong Kong HCCT 66/2024)

19 November 2024Hong Kong
19 November 2024Hong Kong
Judgment of the High Court of Hong Kong in the case HCCT 66/2024 dated 19 November 2024
High Court of Hong Kong
Case no.
HCCT 66/2024
Decision summary
The court dismissed the Plaintiff's originating summons because it was not supported by admissible evidence at the substantive hearing. It declined to grant an anti-suit injunction, principally because of delay and comity, having regard to resources expended by the parties and the Egyptian Court, and because of the Plaintiff's lack of clean hands.
Supporting details
3 participants
Friendship Shipping and Trading S.A.
I.V.L. Dhunseri Polyester Company S. A. E.
High Court of Hong Kong
Judge
R. Ismail
Mentioned in judgment
16 days later · 16 days
5 December 2024Hong Kong
5 December 2024Hong Kong
Decision of the High Court of Hong Kong in the case HCCT 66/2024 dated 5 December 2024
High Court of Hong Kong
Case no.
HCCT 66/2024
Citation
[2024] HKCFI 3511
Decision summary
The court ordered the Defendant's costs of and incidental to the originating summons to be taxed on an indemnity basis if not agreed, with a certificate for two counsel. It found that the Plaintiff's failure to file admissible sworn evidence before the substantive hearing was a special and unusual feature warranting the more generous basis of taxation, and declined to summarily assess the costs.
Supporting details
6 authorities · 8 participants
Application
Originating summons seeking an anti-suit injunction — Dismissed in the substantive judgment; costs ordered in this decision
Friendship Shipping and Trading S.A.
Representative
Edward Alder (For: Friendship Shipping and Trading S.A.)
Representative
Tsui & Co. (For: Friendship Shipping and Trading S.A.)
I.V.L. Dhunseri Polyester Company S. A. E.
Representative
Eugene Kwok (For: I.V.L. Dhunseri Polyester Company S. A. E.)
Representative
Lavesh Kirpalani (For: I.V.L. Dhunseri Polyester Company S. A. E.)
Representative
Baker & McKenzie (For: I.V.L. Dhunseri Polyester Company S. A. E.)
High Court of Hong Kong
Judge
R. Ismail
Authorities cited
6
- Hong Kong High Court Ordinance (Cap. 4) (High Court Ordinance (Cap. 4))
  statute
- Hong Kong Arbitration Ordinance (Cap. 609) (Arbitration Ordinance (Cap. 609))
  statute
- Rules of the High Court (Hong Kong)
  procedural rule
- Town Planning Board v Society for Protection of the Harbour Ltd ((2004) 7 HKCFAR 114)
  case law
- Commissioner of Inland Revenue v Poon Cho-Ming John (No. 2) ((2020) 23 HKCFAR 74)
  case law
- Practice Direction 14.3
  procedural direction
Direct judgment