Read the full judgment text of HCCT 45/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 August 2020 before Hon Mimmie Chan J.
Construction and arbitration – application under Arbitration Ordinance (Cap 609) s.45(2) and Copyright Tribunal Rules (Cap 528C) Rule 22 for payment out of monies paid into court – Plaintiff obtained order to secure payment of licence fees under KMV licensing scheme by Defendant – Copyright Tribunal found Scheme terms reasonable and Defendant liable to pay licence fees – Defendant paid HK$25 million into court to secure payment – Parties disputed calculations of fees payable – Defendant appealed Tribunal decision – Plaintiff sought order for payment out of monies paid into court prior to Tribunal hearing – Court held jurisdiction under Order 22A over monies paid into court – Distinguished from earlier ruling on interim payment under s.45(2) – Court declined to decide amount payable, leaving calculation to Tribunal – Defendant's operating losses irrelevant to liability – Defendant must show good reasons to withhold payment out – No stay of enforcement of Tribunal decision – Court granted payment out order and ordered costs payable by Defendant. The Defendant is required to pay the amount secured plus costs, reflecting the Plaintiff’s entitlement under the licensing scheme and the Tribunal’s penalty for costs incurred from the Defendant’s conduct.
Legal issues: Jurisdiction to order payment out of monies paid into court · Whether the Court should decide the amount of licence fees payable · Whether the Defendant’s argument of operating at a loss defeats liability · Whether the Defendant must demonstrate good reason to withhold payment out
Outcome: Order for payment out of the HK$25 million paid into court granted in favour of the Plaintiff; costs to be paid by Defendant
Cited by 11 cases · Cites 3 cases