LA DOLCE VITA FINE DINING CO LTD v. ZHANG LAN AND OTHERS

LA DOLCE VITA FINE DINING CO LTD v. ZHANG LAN AND OTHERS

The judge's exercise of discretion in maintaining the Hadkinson order and ordering security was within lawful bounds, no error of law or material misapprehension was shown, the respondents failed to demonstrate reasonable prospects of success in any appeal or any interest of justice warranting leave, and accordingly leave to appeal was refused and the prior orders upheld.

Citation
[2020] HKCFI 1969
Parties
Applicant (hcct 35/2019): LA DOLCE VITA FINE DINING GROUP HOLDINGS LIMITED; Applicant (hcct 36/2019): LA DOLCE VITA FINE DINING COMPANY LIMITED; 1st Respondent: ZHANG LAN; 2nd Respondent: GRAND LAN HOLDINGS GROUP (BVI) LIMITED; 3rd Respondent (hcct 36/2019): QIAO JIANG LAN DEVELOPMENT LIMITED (formerly SOUTH BEAUTY DEVELOPMENT LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2020
Case Number
HCCT36/2019
Procedural Posture
Enforcement of Arbitration Award (construction and Arbitration Proceedings) / Decision on Application for Leave to Appeal Against Security and Hadkinson Order (leave Refused)
Outcome
Leave to appeal refused; costs awarded to applicant; Hadkinson order and security orders maintained.
Legal Topics
Enforcement of Arbitral Awards, Hadkinson Order, Security for Costs, Leave to Appeal, Setting Aside Arbitral Awards, Judicial Discretion
Source Language
EN
Arbitration Civil Procedure Enforcement of Judgments Contempt and Injunctions Enforcement of Arbitral Awards Hadkinson Order Security for Costs Leave to Appeal +2 more

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Parties

LA DOLCE VITA FINE DINING GROUP HOLDINGS LIMITED

Applicant (hcct 35/2019)

LA DOLCE VITA FINE DINING COMPANY LIMITED

Applicant (hcct 36/2019)

ZHANG LAN

1st Respondent

GRAND LAN HOLDINGS GROUP (BVI) LIMITED

2nd Respondent

QIAO JIANG LAN DEVELOPMENT LIMITED (formerly SOUTH BEAUTY DEVELOPMENT LIMITED)

3rd Respondent (hcct 36/2019)

Procedural Posture

Enforcement of Arbitration Award (construction and Arbitration Proceedings) / Decision on Application for Leave to Appeal Against Security and Hadkinson Order (leave Refused)

Legal Issues

  1. 1 Whether the judge erred in law or misconceived facts in exercising discretion to order security and a Hadkinson order
  2. 2 Whether leave to appeal should be granted (reasonable prospects of success or interests of justice)
  3. 3 Whether the arbitral awards could be set aside for invalid composition of the tribunal under the 2012 Rules

Ratio Decidendi

The judge's exercise of discretion in maintaining the Hadkinson order and ordering security was within lawful bounds, no error of law or material misapprehension was shown, the respondents failed to demonstrate reasonable prospects of success in any appeal or any interest of justice warranting leave, and accordingly leave to appeal was refused and the prior orders upheld.

Court Disposition

Leave to appeal refused; costs awarded to applicant; Hadkinson order and security orders maintained.

Orders

  • Leave to appeal refused
  • Costs awarded to applicant