CC v. AC

CC v. AC

Service of the Notice to the address specified in the parties' agreements and by additional reasonable means constituted proper notice; the Defendant failed to notify any change of address as required and did not provide credible evidence of non-receipt, therefore the enforcement order should not be set aside and enforcement is appropriate under the Court's residual discretion.

Citation
[2025] HKCFI 855
Parties
Plaintiff: CC; Defendant: AC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2025
Case Number
HCCT43/2024
Procedural Posture
Construction and Arbitration Proceedings / Application to Set Aside Enforcement Order (chambers Decision)
Outcome
Application dismissed
Legal Topics
Notice of Arbitration, Service of Process, Deemed Receipt Under Contractual Clause, Enforcement of Arbitral Award, Section 86 Arbitration Ordinance, Residual Judicial Discretion, Costs
Source Language
EN
Arbitration Contract Civil Procedure Enforcement Public Policy Notice of Arbitration Service of Process Deemed Receipt Under Contractual Clause +4 more

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Parties

CC

Plaintiff

AC

Defendant

Procedural Posture

Construction and Arbitration Proceedings / Application to Set Aside Enforcement Order (chambers Decision)

Legal Issues

  1. 1 Whether the Defendant was given proper notice of the arbitral proceedings
  2. 2 Whether alleged non-receipt vitiates deemed service under contractual clause 12.1
  3. 3 Whether enforcement of the award would be contrary to public policy given asserted lack of notice

Ratio Decidendi

Service of the Notice to the address specified in the parties' agreements and by additional reasonable means constituted proper notice; the Defendant failed to notify any change of address as required and did not provide credible evidence of non-receipt, therefore the enforcement order should not be set aside and enforcement is appropriate under the Court's residual discretion.

Court Disposition

Application dismissed

Orders

  • Application to set aside the Enforcement Order dismissed
  • Costs to be paid by the Defendant on an indemnity basis with certificate for counsel