Read the full judgment text of HCMP 1952/2005 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 18 October 2005 before Hon Tang JA.
Procedure — Arbitration — Leave to appeal against arbitration award — Discontinuance of proceedings — Application for leave to appeal out of time against discontinuance order — Whether court of appeal proper forum — Arbitration Ordinance Cap. 341 sections 23 and 25 considered — High Court Rules Order 21 r.4, Order 73 r.5(2), Order 3 considered. The plaintiff applied for leave to appeal out of time against the discontinuance order of Reyes J allowing discontinuance with costs. The court found that the application was misconceived as the Court of Appeal is not the proper forum to set aside such orders; instead, such applications should be made in the Court of First Instance. The discontinuance with leave does not preclude the commencement of identical proceedings, and statutory time limits under the Arbitration Ordinance must be observed. The plaintiff's allegations of solicitor acting without instructions were not resolved as they were irrelevant to the procedural propriety of the application. The application was dismissed with costs.
Legal issues: Application for leave to appeal against discontinuance order
Outcome: Application for extension of time to appeal is dismissed with costs to the Defendant to be taxed if not agreed.
Cited by 1 case