Read the full judgment text of CACV 454/2022 on BabelCite. This Court of Appeal judgment was delivered on 20 February 2023 before Hon Chu VP and G Lam JA.
Civil procedure – jurisdiction – leave to serve out of jurisdiction – necessary or proper party gateway – O.11 r.1(1)(c) – whether court must examine claim against anchor defendant in isolation – no strict rule – court may consider entire action – declaratory relief – principles – whether legitimate claim depends on facts – leave to appeal to Court of Final Appeal refused – costs order nisi – plaintiffs' notice of motion dismissed – 2nd defendant's costs summarily assessed at $200,000.
Legal issues: Leave to appeal on jurisdiction gateway test · Leave to appeal on declaratory relief principles
Outcome: Leave to appeal to the Court of Final Appeal refused; plaintiffs' notice of motion dismissed.
Cited by 6 cases · Cites 1 case