Read the full judgment text of HCCT9/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 May 2002 before Hon Ma J.
Arbitration — Arbitration Ordinance, Cap 341 — Leave to appeal — Section 23(2), 23(3), 23B — Deed of Mutual Covenant — Breach of restrictive covenant by permitting premises to be used as brothels — Paper hearing limited to written submissions and affirmations — Whether arbitrator may reject affirmation evidence without cross-examination — Whether arbitrator competent to make adverse finding on genuineness of tenancies not disputed and involving third parties not before tribunal — Principles governing leave to appeal — Stringent test and presumption of finality in arbitration — Applicant sought leave to appeal arbitral award refusing to set aside injunction granted against applicant — Held that arbitrator entitled to reject affirmation evidence if inherently improbable or contradicted, even in absence of cross-examination — Genuineness of tenancy agreements was a contested live issue — Findings on tenancy agreements and third-party involvement were properly within arbitrator's jurisdiction — Applicant failed to show any question of law or manifest error warranting leave — Application for leave to appeal dismissed with costs. Representation included Mr Oliver Davies (Knight & Ho) for applicant and Mr Derry Wong (Patrick Wong & Co.) for respondent.
Legal issues: Admissibility and weight of affirmation evidence without cross-examination · Arbitrator’s jurisdiction and fairness in making findings on genuineness of tenancy agreements
Outcome: Leave to appeal refused; originating motion dismissed with costs.
Cited by 1 case