29 Dec 2021
廣東順德展煒商貿有限公司 v. SUN FUNG TIMBER CO LTD
- Citation
- [2021] HKCFI 3823
- Court
- Court of First Instance
- Case number
- HCCT25/2019
The Enforcement Order was set aside because the Contract was procured and signed by ST without authority (and on the evidence was likely a sham/collusive transaction), therefore the Company was not party to the arbitration agreement; the Company had not been given proper notice of the arbitration and was unable to present its case under s95 of the Arbitration Ordinance; enforcement would be contrary to public policy; and GD committed material non‑disclosure in its ex parte application — cumulatively justifying setting aside the Enforcement Order and related enforcement orders.