Read the full judgment text of FAMV 000052/2008 on BabelCite. This FAMV judgment was delivered on 19 December 2008 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
Civil procedure – forum non conveniens – stay of proceedings – intimidation – legitimate juridical advantage – burden of proof – leave to appeal – application refused – plaintiff and her legal advisers subjected to intimidation in Macau – plaintiff had understandable fear for personal safety – defendants did not challenge this finding on appeal – Court of Appeal affirmed refusal of stay – defendants applied for leave to appeal to Court of Final Appeal – principal complaint that Court of Appeal reversed burden of proof – Court of Final Appeal held it not reasonably arguable that Court of Appeal reversed burden or proceeded in absence of evidence – leave to appeal refused.
Legal issues: Burden of proof in forum non conveniens stay application
Outcome: Leave to appeal refused.
Cited by 1 case