Karaha Bodas Co Llc v. Persusahaan Pertambangan Minydak Dan Gas Bumi Negara (Otherwise Known As Pertamina)
Read the full judgment text of CACV 121/2003 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 18 March 2008 before Hon Tang VP, Stone J, Lam J.
Civil procedure — Arbitration — Leave to appeal — Application for leave to appeal concerning an arbitration award under the Arbitration Ordinance (Cap.341) — The court considered the application indistinguishable from a previous unreported decision in WFM Motors Pty Ltd. v Malcolm Maydwell (CACV 148 of 1995) — No error found in the previous decision — Leave to appeal granted accordingly — Costs of application to be costs in the appeal.
Legal issues: Leave to Appeal on Arbitration Matters
Outcome: Leave to appeal granted; costs to be costs in the appeal
Cites 2 cases
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CACV 121/2003 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 121 OF 2003 (ON APPEAL FROM HCCT NO. 28 OF 2002) ______________
______________ Before: Hon Tang VP, Stone J and Lam J in Date of Hearing: 18 March 2008 Date of Decision: 18 March 2008 _______________ D E C I S I O N _______________ Hon Tang VP (giving the decision of the Court): 1.The matter is quite straightforward. The present application is indistinguishable from the application considered by this court in WFM Motors Pty Ltd. v Malcolm Maydwell, CACV 148 of 1995, unreported, dated 29 February 1996. I cannot agree with Mr Jat’s submission that that decision is plainly wrong. That being the case, I believe we are obliged to give leave and would do so. The cost of this application should be cost in the appeal.
Mr. Benjamin Yu, SC and Mr. M. C. Law, instructed by Messrs Richards Butler for the Defendant. Mr. Jat Sew Tong, SC and Ms. Grace Chow, instructed by Messrs Clyde & Co. for the Plaintiff. |
Cases cited in this judgment
Further hearings and rulings under CACV 121/2003