Read the full judgment text of HCCT 58/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 February 2024 before Hon Mimmie Chan J in Chambers.
Construction and Arbitration Proceedings — Enforcement of Arbitral Award — Leave to enforce awarded — Application for payment out from court funds — Whether respondent may apply under Order 73 rule 10(6) RHC to set aside order granting leave after substantive hearings — Whether principal sum paid into court should be released to applicant absent any valid challenge — The arbitral Award dated 20 April 2021 remained valid and binding despite Mainland Court ordered re-arbitration on evidence issues — Respondent's substantive grounds opposing enforcement dismissed after full hearing — Court distinguished JJ Agro case where substantive grounds had not been decided — No merit in respondent's attempt to re-litigate enforcement issues under procedural mechanism — Payment out of principal sum paid into court allowed, excluding interest and costs which remain subject to challenge — Application granted with costs and certificate for two Counsel.
Legal issues: Application to set aside order granting leave to enforce arbitral award under Order 73 rule 10(6) RHC · Whether to allow payment out of principal sum paid into court under the Award
Outcome: The application for payment out is allowed; the principal sum paid into court by X is ordered to be released to G with costs and certificate for 2 Counsel.
Cites 2 cases