法律图书馆>>法律论文资料库>>全文
香港法院审理案件中的法律论证过程 ——以United Phosphorus LTD v. China Merchants Shipping & Enterprises Co Ltd 上诉审为例/陈汉瑛(23)
Godfrey VP :
Unless a judge is satisfied, in this sort of case (a) that Hong Kong is not the natural or appropriate forum for the trial and (b) that there is another available forum which is clearly or distinctly more appropriate than Hong Kong, he should, normally, exercise the discretion he has to order or to refuse a stay of the proceedings in favour of refusing a stay.
As I read his judgment in the present case, this was the principle on which Stone J acted here. On the material before him, I think he was entitled to exercise his discretion as he did although it may be that, on the same material, another judge might have come to a different conclusion and have exercised the discretion differently.
Accordingly, I agree with Keith JA (whose judgment I have had the advantage of reading in draft) that we should dismiss the appeal, with the consequences as to costs which Keith JA indicates.




总共23页     [1]   [2]   [3]   [4]   [5]   [6]   [7]   [8]   [9]   [10]   [11]   [12]   [13]   [14]   [15]   [16]   [17]   [18]   [19]   [20]   [21]   [22]   23  
上一页    

声明:本论文由《法律图书馆》网站收藏,
仅供学术研究参考使用,
版权为原作者所有,未经作者同意,不得转载。
法律图书馆>>法律论文资料库