The National Trust Ltd v Tahoe Investment Group Co., Ltd And Others

Judgment Date26 February 2021
Neutral Citation[2021] HKCFI 527
Year2021
Judgement NumberHCMP2301/2020
Subject MatterMiscellaneous Proceedings
CourtCourt of First Instance (Hong Kong)
HCMP2301/2020 THE NATIONAL TRUST LTD v. TAHOE INVESTMENT GROUP CO., LTD AND OTHERS

HCMP 2301/2020

[2021] HKCFI 527

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2301 OF 2020

______________

IN THE MATTER OF Order 21M of the High Court Ordinance

______________

BETWEEN
THE NATIONAL TRUST LTD.
(国民信托有限公司)
Plaintiff

and

TAHOE INVESTMENT GROUP CO., LIMITED
(泰禾投资集团有限公司)
1st Defendant
EVERWIN ENTERPRISE (HONG KONG) LIMITED
(永兴达企业(香港)有限公司)
2nd Defendant
THAIHOT INVESTMENT (BERMUDA) COMPANY LIMITED
(百慕大泰禾投资有限公司)
3rd Defendant

______________

Before: Hon K Yeung J in Chambers

Date of Hearing: 26 February 2021

Date of Decision: 26 February 2021

______________

DECISION

______________

1. This is the application by the plaintiff (“P”) seeking substituted service on the 1st defendant (“D1”) of the Concurrent Originating Summons, together with all papers relating to the injunction applications (a) on King & Woods Mallesons (“KWM”) in Hong Kong or alternatively (b) on the 2nd defendant (“D2”) and/or the 3rd defendant (“D3”).

2. D1 is a company incorporated in the Mainland. On the question of service, Order 11 rule 5A applies.

3. D2 and D3 are wholly owned subsidiaries of D1. KWM have been acting for D2 and D3 in these proceedings.

4. On the evidence before me, I have little doubt that D1 is aware of these proceedings.

5. However, in order to obtain an order for substituted service under Order 65 rule 4, it remains necessary for P to satisfy this court that it appears … that it is impracticable for any reason to serve that document in the manner prescribed on that person.

6. As revealed by the letter of 19 February 2021 from the Registrar of the High Court to P’s solicitors:

(a) The Registrar has taken steps to effect service of the process and the related documents upon D1 via the Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and Hong Kong Courts (the “Arrangement”);

(b) Upon receipt of the letter of entrustment, the entrusted party shall effect service promptly, and, in any event, not later than two months from the date of the letter of entrustment is received;

(c) After effecting the service, the relevant Mainland People’s Court will issue a return form on the service and post it to the High Court;

(d) The letter of entrustment and the documents to be served were posted on 18 January 2021;

(e) As at 19 February 2021, the return form on the service from the Fujian Higher People’s Court has not been received.

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