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10 Aug 2023

The Hong Kong Court discharges service out of the jurisdiction of a tort claim

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This case concerned service out of the jurisdiction of a writ based on a tort claim. The leave to serve out of the jurisdiction was overturned and the court was therefore not required to stay the proceedings in favour of arbitration.

The judge provided a helpful summary and guidance on the general principles for obtaining leave to serve out of the jurisdiction and the principles related to the "tort" gateway. On reflection this may have been a claim better suited to arbitration.

ALTRANS FAST CARGO LIMITED (AS ASSIGNEE OF LIFESTYLE LOGISTICS LIMITED) and Another v LIU YUGANG () and Others — [2023] HKCU 2611

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