Newocean Petroleum Co Ltd v OW Bunker China Ltd (in provisional liquidation) and Another (The "Cosco Felixstowe") - HKSAR (Court of First Instance) (Deputy High Court Judge Le Pichon) [2016] HKCFI 492 - 18 March 2016

Practice - Service of writ out of jurisdiction - Plaintiff physically supplying bunkers to vessel in Hong Kong pursuant to contract with first defendant - First defendant had contracted to supply bunkers to second defendant who had in turn contracted to supply bunkers to owner of vessel - Plaintiff not receiving payment - Whether leave should be granted to serve writ out of jurisdiction against second defendant - Whether plaintiff had good arguable case that second defendant committed tort of conversion within jurisdiction or that contract was made through agent residing within jurisdiction

The owner of the vessel Cosco Felixstowe (the owner) placed an order for the supply of bunkers in Hong Kong with the second defendant, a Singapore bunker trader (D2). D2 contracted with OW Bunker Far East (S) Pte Ltd East (OWBS) to supply the bunkers.