Read the full judgment text of HCCT000012/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 August 1997 before the Hon Mr Justice Findlay.
Contract bond — Liability of defendant under bond independent of arbitration between plaintiff and contractor — No arbitration agreement between defendant and plaintiff — Stay of proceedings not appropriate — Alfred McAlpine v Unex distinguished — Partial stay of claim rejected as procedurally improper — Both parties entitled to litigate damages claim against defendant irrespective of arbitration outcome — Defendant’s summons to stay dismissed and costs ordered to be paid by defendant.
Legal issues: Stay of proceedings pending arbitration
Outcome: Application for stay of proceedings dismissed; costs ordered to be paid by the defendant