Read the full judgment text of CAMP 131/2020 & CACV 328/2020 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 27 August 2020 before Hon Kwan VP and Yuen JA.
Civil procedure — Interim payment and payment into court — Copyright Tribunal proceedings — Licensing scheme tariff dispute — Jurisdiction of the High Court under Order 22A rule 1(1) for payment out of monies paid into court — Section 45(2) Arbitration Ordinance and former Copyright Tribunal Rules repealed — Requirement of leave to appeal — Res judicata and jurisdictional issues. The plaintiff operated a karaoke music video licensing scheme with dispute arising over tariff terms and licence fee payments. The defendant challenged the terms before the Copyright Tribunal which upheld the plaintiff’s tariff, ordering payment of fees for the ‘back catalogue’. The defendant paid $25 million into court pending final quantum determination. The plaintiff sought payment out of that money, which was ordered by the court. The defendant applied for leave to appeal and filed an appeal arguing lack of jurisdiction and res judicata. The Court of Appeal held that leave to appeal was required but refused it, finding that the court had jurisdiction to order payment out under Order 22A rule 1(1), distinguishing payment out from interim payment, and that the prior judgments did not bar the current order by res judicata. The defendant’s latest contention that no licence fees were payable was rejected. Defendant ordered to pay costs. Leave and appeal dismissed.
Legal issues: Whether leave to appeal is required · Jurisdiction to order payment out under Order 22A rule 1(1) · Whether the principle of res judicata applies to the issue of jurisdiction for ordering payment out
Outcome: Leave to appeal refused; application for leave and appeal dismissed
Cited by 1 case · Cites 2 cases