Read the full judgment text of HCCT 9/2016 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 March 2021 before Hon Mimmie Chan J.
Enforcement of arbitration award — Leave to enforce arbitration award granted in 2016 — Respondent’s application for stay of enforcement and to set aside Examination Orders dismissed — Stay of execution requires very special circumstances to avoid injustice or prevent abuse per Credit Lyonnais v SK Global Hong Kong Ltd — Previous stay application dismissed with payment into court, no new circumstances; Examination Orders are distinct from contempt proceedings and concern debtor examination — Alleged nondisclosure and delay not material or prejudicial — Proceeding (HCA 1462) ongoing but unlikely to conclude soon; Applicant entitled to enforce Award and obtain recovery without undue delay — Respondent ordered to pay costs including counsel fees.
Legal issues: Whether to grant stay of execution of the Enforcement Order · Whether to set aside the Examination Orders on grounds of nondisclosure and delay
Outcome: Application for stay of execution and to set aside Examination Orders refused; Respondent ordered to pay costs with Certificate for Counsel
Cited by 4 cases · Cites 1 case