Read the full judgment text of HCCT 133/2024 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 March 2025 before Hon Mimmie Chan J in Chambers.
Arbitration — Application to set aside award — Mandatory procedural compliance — Order 73 rule 5(4) requires affidavit evidence to be filed with Originating Summons under section 81 Arbitration Ordinance — Failure to file affidavit evidence renders application unsupported and an abuse of process — Court refuses to allow evidence adduced after summons issue without good reason — Application dismissed with costs on indemnity basis. The Plaintiff challenged a Partial Final Award dated 6 August 2024 alleging inability to present case and conflict with public policy. The summons lacked affidavit evidence as required and no explanation was provided for non-compliance. The Court dismissed the summons holding non-compliance is fatal and constitutes abuse of process, with costs awarded to the Defendant.
Legal issues: Compliance with Order 73 rule 5(4) in setting aside arbitration award
Outcome: Originating Summons dismissed on its return day with costs to the Defendant on indemnity basis
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