Read the full judgment text of HCCT000004/1992 on BabelCite. This 高等法院 judgment was delivered on 27 May 1992 before The Hon. Mr. Justice Kaplan in Chambers.
Arbitration - Payment into Court - Order 73 Rules 11-18 of the Rules of the Supreme Court - Section 20 Arbitration Ordinance Cap. 341 - Jurisdiction of arbitrator versus court to deal with costs after payment into court - Whether hearing of arbitration had begun for application of time limits in the rules - Meaning of 'plaintiff' under O.62 r.10(2) relative to arbitration claimants - Interpretation of statutes and rules relating to costs in arbitration and court proceedings - The court holds that where payment into court is accepted before the substantive arbitration hearing begins, the arbitrator retains jurisdiction to decide all costs matters; the court should not interfere or assume jurisdiction on costs in such cases. The hearing had not begun at the time of payment and acceptance in this case. O.62 r.10(2) on plaintiffs' taxation of costs does not apply to arbitration claimants. The court may delegate costs discretion to the arbitrator under O.73 r.14(3) without unlawful delegation. The usual order awarding costs to claimant upon acceptance of payment into court is flexible and may be displaced in exceptional cases where claimant conduct warrants. The arbitrator is the proper forum for such issues. Result: The originating summons of Vianini was dismissed; all costs questions left to the arbitrator; costs order nisi awarded against Vianini on summons.
Legal issues: Whether the arbitrator or court deals with costs after payment into court acceptance · Whether the hearing of the arbitration proceedings had begun at time of payment into court · Whether O.62 r.10(2) applies to arbitration claimants · Whether the Court can delegate its discretion on costs to arbitrator under O.73 r.14(3) · Whether the normal order of costs on acceptance of payment into court is inflexible
Outcome: Vianini's originating summons dismissed; Authority's cross-summons for strike out or stay not ordered; costs order nisi in favor of Authority made on Vianini's summons.