Read the full judgment text of CACV 79/2011 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 22 March 2012 before Hon Tang VP, Fok JA and Lam J.
Civil procedure — Leave to appeal to Court of Final Appeal — Enforcement of Mainland arbitral award — Application by Respondents refused. Respondents sought leave to appeal against Court of Appeal judgment restoring order granting enforcement of June 2010 arbitral award. Three grounds advanced: entitlement to leave as of right; questions of great general or public importance; or otherwise basis. Court applied immediacy test from Chinachem Charitable Foundation Ltd v Chan Chun Chuen, confirming Respondents did not meet threshold for leave as of right. Questions raised on waiver doctrine found settled by existing authorities Locabail and Hebei Import & Export. Arguments on differing legal conclusions on apparent bias and award value insufficient for 'or otherwise' leave. Result: refusal of leave with costs to Applicants.
Legal issues: Whether the Respondents are entitled to leave to appeal as of right · Whether questions of great general or public importance arise · Whether leave should be granted on the 'or otherwise' basis
Outcome: Leave to appeal to the Court of Final Appeal refused with costs in favour of Applicants.
Cited by 10 cases · Cites 1 case