Read the full judgment text of HCCT 45/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 January 2014 before Hon Mimmie Chan J in Chambers.
Construction and Arbitration — Enforcement of foreign arbitral awards — Garnishee order absolute made for payment pursuant to enforcement of Singapore awards — Same day Singapore Court of Appeal refuses enforcement for lack of valid arbitration agreement and tribunal jurisdiction — Whether to stay execution of Garnishee Order under O 45 r 11 RHC and O 45 r 1 — Court gives due weight to supervisory seat court decision and grants stay given changed circumstances and good prospects of success in setting aside Hong Kong judgment — Application to vary costs order nisi out of time refused — Extension of time not granted as no good cause shown — Costs on an indemnity basis not varied as trial judge’s decision not overturned — Stay ordered; costs in the cause; variation application dismissed with costs and certificate for counsel; reserved costs varied as agreed.
Legal issues: Whether to stay execution of the Garnishee Order Absolute under O 45 r 11 RHC or O 45 r 1 · Whether to grant extension of time and vary the costs order nisi
Outcome: Stay of execution of the Garnishee Order Absolute granted; application to vary costs order nisi dismissed; costs in the cause and costs awarded for variation application with certificate for counsel
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