Read the full judgment text of HCCT000121/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 January 2000 before Hon Burrell J in Chambers.
Arbitration — stay of proceedings — arbitration clause in sub-contract — whether taking out summons for security for costs repudiates arbitration agreement — whether a dispute exists for stay under s.6 Cap.341. Plaintiff sued defendant for breach of sub-contract claiming $1,353,768. Defendant applied to stay proceedings pending arbitration based on arbitration clause. Defendant also applied for security for costs. Court held defendant did not repudiate arbitration agreement by applying for security for costs as it had consistently sought stay. Following Tai Hing Cotton Mill Ltd v. Glencore Grain Rotterdam, a dispute exists as defendant did not admit the sum claimed. Plaintiff’s Order 14 summary judgment summons dismissed; defendant’s stay application granted; defendant withdrew security for costs summons. Orders including costs to defendant granted.
Legal issues: Repudiation of arbitration agreement by security for costs summons · Existence of a dispute under Arbitration Ordinance s.6
Outcome: Defendant's application to stay proceedings granted; plaintiff's summary judgment summons dismissed; defendant's security for costs summons withdrawn.
Cited by 1 case