Read the full judgment text of HCA7693/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 August 2002 before Hon Ma J.
Construction law — Arbitration — Consolidation of arbitrations under section 6B(1) Arbitration Ordinance — Stay of court proceedings under section 6(1) Arbitration Ordinance — Costs of arbitration and related court applications — Appointment of arbitrator where parties do not agree — Private nature of arbitration. Linfield Limited, owner of The Belvedere, sues multiple parties including architects, contractors, suppliers, and consultants for defects in property construction. Arbitration agreements exist with some defendants and related court proceedings are stayed pending arbitration. The main legal issues resolved include whether multiple arbitrations commenced were consolidable under section 6B(1), the Court's power to appoint an arbitrator where parties disagree, and the proper scope of costs relating to stay applications. The Court held (1) all arbitrations had commenced per section 31, common questions arose, and it was desirable to consolidate; (2) the Court has jurisdiction under section 6B(2) to appoint an arbitrator where parties cannot agree; and (3) costs of a stay application only relate to that application and not the entire action. Privacy concerns of arbitration were considered but outweighed by the benefits of consolidation in this case. Resultantly, the Court ordered transfer to the Construction and Arbitration List, stay of proceedings against PCL, consolidation of arbitrations between Linfield and BHP, TDA, and PCL, and appointment of Mr John Scott, SC as arbitrator. Costs orders were made accordingly with specific taxation directions.
Legal issues: Consolidation of arbitrations under s.6B(1) · Court appointment of arbitrator under s.6B(2) · Costs entitlement related to Stay Application under s.6
Outcome: Transfer application granted; Stay application granted; Consolidation of arbitrations ordered; Court appointed Mr John Scott, SC as arbitrator; Costs awarded as detailed.
Cited by 2 cases · Cites 2 cases