Read the full judgment text of HCCT000020/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 April 1999 before The Hon Mr Justice Findlay.
Procedure — Service of originating summons — Whether substituted service without leave to serve out of jurisdiction was valid — Arbitration proceedings commenced before 1996 Ordinance — Defendant refused to provide address for service — Plaintiff applied for substituted service — Defendant applied to set aside — Court held substituted service was valid when plaintiff could have obtained leave to serve out of jurisdiction but pragmatic considerations favored substituted service within jurisdiction — Defendant's summons dismissed and defendant ordered to file evidence — Costs ordered on indemnity basis due to defendant’s unreasonable attitude.
Legal issues: Validity of substituted service without leave to serve out of jurisdiction
Outcome: Defendant's summons of 30 March 1999 dismissed; the summons of 4 March 1999 is valid and proceedings may continue.
Cited by 1 case