Read the full judgment text of CACV 000073/1993 on BabelCite. This Court of Appeal judgment was delivered on 20 July 1993 before Power, V.-P., Litton and Bokhary, JJ.A..
Civil procedure – service of process – foreign defendant – Panamanian company with no residence or place of business anywhere – cannot be served abroad through diplomatic channels – application for substituted service in Hong Kong on solicitors retained for the purpose of setting aside a Mareva injunction – whether Order 65, rule 4 may be invoked to circumvent the requirements of Order 11 – distinction between existence of jurisdiction and manner of its exercise – international comity – even-handed treatment of foreign defendants – applicant must show case falls clearly within at least one sub-paragraph of Order 11, rule 1 – The Vrontados, The Brabo, Myerson v. Martin applied – order for substituted service set aside – without prejudice to fresh application – order nisi for costs to 1st defendant.
Legal issues: Substituted service for foreign defendant where service abroad is not practicable
Outcome: Appeal allowed; order for substituted service set aside, without prejudice to the plaintiffs' right to make a fresh application in conformity with the proper practice.