Read the full judgment text of HCCT 42/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 January 2011 before Hon Saunders J in Chambers.
Construction and arbitration — Enforcement of foreign arbitral award — Arbitration award made in France in favour of Top Bagage International against Wistar Enterprises Limited on 16 July 2008 — Wistar appealed in French Court of Appeal which set aside award and ordered compensation — Top Bagage sought and obtained leave in Hong Kong to enforce award — Wistar applied to set aside enforcement order in Hong Kong — Multiple summonses filed by both parties — Hong Kong court stayed proceedings pending final appeal in France to Cour de Cassation — Cour de Cassation rejected Top Bagage's appeal — Wistar succeeded in having Hong Kong enforcement order set aside — Legal issues on entitlement to costs for Wistar and whether Wistar was reasonable to file multiple summonses — Court held Wistar entitled to costs in setting aside enforcement order despite award being set aside on procedural grounds, but disallowed costs relating to an inadmissible affidavit — Filing of multiple summonses by Wistar was reasonable given litigation posture — Top Bagage entitled to costs for successful adjournment application to stay proceedings — Costs to be set off accordingly and no order made on costs of costs argument.
Legal issues: Costs entitlement following setting aside of arbitral award enforcement · Necessity of multiple summonses to set aside enforcement order · Costs entitlement for Top Bagage on their successful adjournment summons
Outcome: Wistar entitled to costs for successful setting aside of enforcement order except costs relating to inadmissible affidavit; Top Bagage entitled to costs of adjournment summons; costs to be set off accordingly; no order as to costs of argument on costs.
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