29 Nov 1994
WONG YU HING v. TONG PAK WING
- Citation
- WONG YU HING v. TONG PAK WING
- Court
- Court of First Instance
- Case number
- HCMP3104/1994
Clause 17's reference to the Arbitration Ordinance 1963 was to be read as including subsequent amendments; the amended section 12(1)(c) applied and empowered the Court to appoint an arbitrator where a contractual appointment mechanism had failed; the plaintiff had exhausted the contractual mechanism in substance and was entitled to a section 12 appointment; indemnity costs were appropriate given the defendant's obstructive conduct.