Read the full judgment text of HCCT 45/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 December 2015 before Hon Chow J.
Construction and Arbitration Law — Enforcement of foreign arbitration awards — Application for extension of time to set aside enforcement orders dismissed — Leave to appeal required as judgment procedural not substantive — Principles for stay of execution pending appeal explained — Issue-based approach to costs awarded with 80% costs payable by respondent — Court’s jurisdiction and approach to imposing payment into court as condition for leave or stay discussed and declined on facts — Allegations of collusion but exceptional nature of judgment justified unconditional leave and stay — Key issues include extension of time, good faith principle in enforcement, challenge to tribunal jurisdiction, and multi-tier dispute resolution compliance. Application dismissed on substantive grounds with costs orders varied accordingly.
Legal issues: Whether leave to appeal against the Judgment is required · Whether leave to appeal should be granted · Principles for stay of execution pending appeal · Whether leave to appeal and stay of execution should be conditioned on payment into court · Costs order—issue based approach
Outcome: Leave to appeal granted to First Media; Stay of execution granted to First Media and AAL; Payment condition for leave or stay refused; Costs order varied with First Media ordered to pay 80% of Astro’s costs
Cited by 1 case · Cites 6 cases