4 Jun 2024
CF v. SHK
- Citation
- [2024] HKCFI 1493
- Court
- Court of First Instance
- Case number
- HCCT45/2023
The court refused the stay because the arbitration tribunal had finally and validly held that the Anti-Set-Off Clause was reasonable under section 4 of the Misrepresentation Ordinance and operated to preclude any set-off; there were no very special circumstances to deprive the judgment creditor of enforcement, the second arbitration was at an early stage and would cause significant delay and prejudice to CF, and the winding-up petition is a separate proceeding not stayed by these enforcement proceedings.