Hkk v. N

Read the full judgment text of HCCT 45/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 January 2017 before Hon L Chan J in Chambers.

This case concerns an application under section 45(2) of the Arbitration Ordinance (Cap 609) for an interim measure in relation to Copyright Tribunal Case No 2 of 2010, governed also by Rule 22 of the Copyright Tribunal Rules (Cap 528C). The proceeding involves HKK as Plaintiff, N as Defendant, and U as Third Party. A corrigendum was issued correcting a statement regarding the court’s power to order the referring party to pay licensing fees into court during a pending reference, affirming that such an order can be made. The judgment was delivered by Hon L Chan J in Chambers on 6 January 2017 following hearings on 9 and 10 November 2016. The correction clarifies procedural powers related to payment of licensing fees during ongoing arbitration proceedings.

Cites 1 case

Case No.HCCT 45/2012
Court
高等法院原訟法庭
Date06 Jan 2017
JudgeHon L Chan J in Chambers
Case Document
100%Judiciary

HCCT 45/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO. 45 OF 2012

____________

  IN THE MATTER of an application under Section 45(2) of the Arbitration Ordinance (Cap 609) for an interim measure
  and
  IN THE MATTER of Rule 22 of the Copyright Tribunal Rules (Cap 528C)
  IN THE MATTER of Copyright Tribunal Case No 2 of 2010

____________

BETWEEN    
  HKK Plaintiff
  and  
  N Defendant
  and  
  U Third Party

____________

Before:  Hon L Chan J in Chambers

Dates of Hearing:  9 and 10 November 2016

Date of Decision:  6 January 2017


_____________

CORRIGENDUM

_____________

Page 28, Paragraph 73 Lines N to P:

“Mr Yan also noted that whilst the reference is pending, this court cannot order the referring party to make payment of the licensing fees into court.” should be changed to “Mr Yan also noted that whilst the reference is pending, this court can order the referring party to make payment of the licensing fees into court.”

  (Edmond WONG)
  Clerk to Hon L Chan J

Dated the 13th day of December 2017