18 Mar 2016
WING BO BUILDING CONSTRUCTION CO LTD v. DISCREET LTD
- Citation
- WING BO BUILDING CONSTRUCTION CO LTD v. DISCREET LTD
- Court
- Court of First Instance
- Case number
- HCA146/2015
Section 20(8) of the Arbitration Ordinance is a valid legislative choice to preclude appeals from a CFI decision referring parties to arbitration; the provision is constitutional under Basic Law art 82 because it pursues legitimate aims (speed, finality, cost reduction and party autonomy), is rationally connected to those aims and is within the legislature's margin of appreciation; although Master Leong lacked jurisdiction to hear the initial summons, the CFI reheard the matter de novo and was properly constituted to make the referral; accordingly the Leave Summons for permission to appeal th…