Read the full judgment text of HCCT 26/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 October 2019 before Deputy High Court Judge Hall-Jones in Chambers.
Arbitration enforcement — Arbitration Ordinance (Cap 609) section 84 — Order 73, rules 10 and 10A — Interim Award enforcement — Setting aside Enforcement Order — Alleged non-disclosure in ex parte application — Leave to appeal — Security for appeal — The applicant sought enforcement of an interim arbitral award via an Enforcement Order including payment by the respondent of HK$5,038,264.40. The respondent applied to set aside the Enforcement Order citing failure of full and frank disclosure and other grounds. The court found that the Enforcement Order was properly made under AO section 84 and Order 73 rules following a judicial discretion exercised by Madam Justice Mimmie Chan. Allegations of non-disclosure were unfounded. The court imposed security conditions pending the respondent's leave to appeal application. Paragraph 1(iii) of the Enforcement Order was deleted by consent. The respondent's summons to set aside the Enforcement Order was dismissed with costs payable by the respondent. The court ordered the respondent to pay the sum into court within 21 days and stayed execution pending resolution of leave to appeal. Costs were ordered against the respondent for the setting aside application.
Legal issues: Setting aside Enforcement Order for non-disclosure
Outcome: The respondent's summons to set aside the Enforcement Order is dismissed. The Enforcement Order remains in effect with paragraph 1(iii) deleted. Security ordered pending determination of leave to appeal.
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