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, Yuen JA.
Court of Appeal — Arbitration Ordinance (Cap 609) s.45(2) — Copyright Tribunal Rules (Cap 528C and Cap 528D) — Interim payments — Order 22A rule 1(1) of Rules of the High Court — Jurisdiction to order payment out of monies paid into court pending determination of licence fees — Leave to appeal requirement — Whether order for payment out was in substance an interim payment — Res judicata — Plaintiff operated karaoke licensing scheme; defendant disputed terms and referred to Copyright Tribunal under s.156. Tribunal confirmed licence fees but quantum undetermined. Defendant paid $25 million into court as security. Plaintiff applied for payment out under Order 22A r.1(1). Court ordered payment out; defendant appealed. Court of Appeal held leave to appeal required and refused leave as no reasonable prospect of success. Court has jurisdiction to order payment out under Order 22A r.1(1) but no jurisdiction for interim payment order under Arbitration Ordinance in this context. Defendant’s contention of res judicata and non-payability of fees rejected. Defendant ordered to pay plaintiff’s costs.
Legal issues: Whether leave to appeal is required · Jurisdiction of the court to order payment out under Order 22A rule 1(1)
Outcome: Application for leave to appeal and the notice of appeal were refused; defendant ordered to pay plaintiff’s costs; no certificate for three counsel granted
Cited by 1 case · Cites 2 cases