Read the full judgment text of HCCT 25/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 February 2022 before Hon Mimmie Chan J.
Construction and arbitration proceedings — Enforcement of arbitral award — Application to set aside enforcement order — Authority of alleged de facto managing director to bind company — Frauds and collusion allegations — Admissibility of affirmation evidence without cross-examination — Appellate standard for review of factual findings and exercise of discretion — High Court refused leave to appeal against decision setting aside leave to enforce arbitral award — Court found no authority of ST to bind Company, rejected fraud allegations as unsupported beyond bare denial, and emphasized applicant’s failure to seek cross-examination of witnesses — Established that appellate intervention on factual findings or exercise of discretion requires high threshold — Costs ordered on indemnity basis to respondent. The Applicant’s arguments largely repeated previously rejected submissions and no ground with reasonable prospect of success was found to grant leave.
Legal issues: Authority of ST as de facto managing director · Admissibility and weight of affirmation evidence without cross-examination · Standard for appellate review of factual findings and discretion
Outcome: Leave to appeal is refused
Cited by 5 cases · Cites 2 cases