BRIGHT SHIPPING LTD v. CHANGHONG GROUP (HK) LTD

HCAJ 3/2018

[2019] HKCFI 542

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMIRALTY ACTION NO. 3 OF 2018

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D E C I S I O N

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1.  I believe that the short delay by the Defendant in making this leave application is largely attributable to its erroneous belief that the Order to be appealed is a final order. I hold that the short delay is excusable.

2.  Despite Mr Luxton’s able submissions, I believe that the intended appeal has reasonable prospects of success, which is not a particularly high threshold.  The existence of parallel proceedings in different jurisdictions can be an important consideration in an application for stay of proceedings on the ground of forum non conveniens, and there is some substance in the contention that the correct approach by the court in the application of the principles deserves another visit by the Court of Appeal.

3.  I therefore grant leave to appeal.