VIANINI LAVORI S.P.A. v. THE HONG KONG HOUSING AUTHORITY

VIANINI LAVORI S.P.A. v. THE HONG KONG HOUSING AUTHORITY

Because the payment into court was accepted before the arbitration hearing had begun, and absent any clear rule to the contrary, s.20 of the Arbitration Ordinance gives the arbitrator the discretion to determine all questions relating to costs; O.62 r.10(2) does not apply to arbitration proceedings in this context; therefore the High Court dismisses the originating summons and refers all costs issues to the arbitrator (Mr David Gardam) for determination, with an order nisi for costs in favour of the Authority on the originating summons and no order on the Authority's cross-summons.

Citation
VIANINI LAVORI S.P.A. v. THE HONG KONG HOUSING AUTHORITY
Parties
Plaintiff/claimant: Vianini Lavori S.P.A; Defendant/respondent: The Hong Kong Housing Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 1992
Case Number
HCCT4/1992
Procedural Posture
Construction Arbitration/originating Summons in High Court / Judgment in Chambers (handed Down 27 May 1992)
Outcome
Originating summons dismissed; all questions of costs referred to arbitrator for determination; no order on defendant's cross-summons; costs order nisi made in favour of the Defendant (Authority) on the originating summons
Legal Topics
Order 73 Rules 11 18 (payment Into Court), Order 62 R.10(2) (taxation of Costs), S.20 Arbitration Ordinance Cap.341 (arbitrator's Discretion on Costs), Jurisdiction to Decide Costs After Acceptance of Payment Into Court, Delegation of Judicial Discretion, Exceptional Orders on Costs
Source Language
EN
Arbitration Civil Procedure Costs Statutory Interpretation Court Rules Order 73 Rules 11 18 (payment Into Court) Order 62 R.10(2) (taxation of Costs) S.20 Arbitration Ordinance Cap.341 (arbitrator's Discretion on Costs) +3 more

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Parties

Vianini Lavori S.P.A

Plaintiff/claimant

The Hong Kong Housing Authority

Defendant/respondent

Procedural Posture

Construction Arbitration/originating Summons in High Court / Judgment in Chambers (handed Down 27 May 1992)

Legal Issues

  1. 1 Whether the hearing of the arbitration had begun when money was paid into court
  2. 2 Whether the arbitrator or the court has jurisdiction to determine costs after acceptance of a payment into court
  3. 3 Whether O.62 r.10(2) applies to arbitration proceedings and whether 'plaintiff' includes 'claimant'

Ratio Decidendi

Because the payment into court was accepted before the arbitration hearing had begun, and absent any clear rule to the contrary, s.20 of the Arbitration Ordinance gives the arbitrator the discretion to determine all questions relating to costs; O.62 r.10(2) does not apply to arbitration proceedings in this context; therefore the High Court dismisses the originating summons and refers all costs issues to the arbitrator (Mr David Gardam) for determination, with an order nisi for costs in favour of the Authority on the originating summons and no order on the Authority's cross-summons.

Court Disposition

Originating summons dismissed; all questions of costs referred to arbitrator for determination; no order on defendant's cross-summons; costs order nisi made in favour of the Defendant (Authority) on the originating summons

Orders

  • Dismiss Vianini's originating summons
  • Refer all issues relating to costs to the arbitrator (Mr David Gardam) for determination