Read the full judgment text of HCCT 7/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 August 2022 before Hon Mimmie Chan J.
Arbitration enforcement — Stay of execution — Order 45 rule 11 RHC — Matter occurring after judgment — Enforcement of Mainland arbitral award granted leave in Hong Kong — Defendant sought stay of taxed costs’ Allocatur on grounds of Mainland proceedings by related third party (HH) and alleged VAT tax credit loss — Court confirmed stay only for matters arising post judgment and going to validity — Mainland decisions largely predated Allocatur and related to distinct contract and party — Defendant’s cross-claim via subsidiary did not amount to special circumstances to stay — Attempted further evidence and amendment of summons disallowed due to delay — Stay Summons dismissed with indemnity costs. The case clarifies principles on stay applications based on subsequent events and cross actions involving third parties. Plaintiff to recover taxed costs and enforce Award without further delay.
Legal issues: Stay of execution under Order 45 rule 11 · Effect of Mainland proceedings on enforcement of Award · Alleged VAT claim asserted by Defendant/HH · Application to amend Stay Summons and adducing new expert evidence
Outcome: The Stay Summons was dismissed with costs on an indemnity basis.
Cited by 6 cases · Cites 3 cases