Hong Kong Case Law: Decisions & Judgments

Topic

Arbitration award enforcement

Legal area

Court

4 Oct 2013

GOOD CHOICE INDUSTRIAL LTD v. A.S. WATSON GROUP (HK) LTD

Citation

GOOD CHOICE INDUSTRIAL LTD v. A.S. WATSON GROUP (HK) LTD
Court

Court of First Instance
Case number

HCA1861/2013

The plaintiff failed to demonstrate any triable issue or that the defendant had breached the express terms of the written tenancy; no term could be imputed requiring the defendant to comply with the incorporated owners' arbitration award/judgment; therefore the injunction must be discharged and costs awarded to the defendant.
5 Sept 2003

RE KEN FORWARD ENGINEERING LTD

Citation

RE KEN FORWARD ENGINEERING LTD
Court

Court of First Instance
Case number

HCCW803/2002

The arbitration award was due and unpaid; statutory demand and service were valid; formal defects alleged were immaterial; leave to appeal was denied at all levels; the company's asserted cross-claims were previously rejected in arbitration and were not bona fide to defeat the petition; supporting creditor had locus. Therefore the company is unable to pay its debts and a winding-up order must be made.
22 Apr 2003

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD

Citation

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD
Court

Court of First Instance
Case number

HCCT92/2002

Leave to appeal refused because the issue was closer to the presumption of finality (top half of the P.T. Dover scale), the court adopted the test whether there was a clear obvious error of law and concluded no such error existed—the arbitrator permissibly found Certificate No.29 evidenced earlier payments and his arithmetic and retention reasoning were not obviously wrong.
20 Jul 2002

DISCREET LTD. v. GLOBAL ISLAND INVESTMENTS LTD. AND ANOTHER

Citation

DISCREET LTD. v. GLOBAL ISLAND INVESTMENTS LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCCT48/2002

The 6 July order made by Suffiad J, as corrected and returned to on 12 July, must be treated as a valid order; the material facts (technical insolvency, unexplained undervalue sale of major income-producing property immediately before arbitration, immediate withdrawals of deposited funds, transfers to director and related companies, and inadequate disclosure) constitute solid evidence of a real risk that the arbitration award would go unsatisfied; accordingly the Mareva injunction should be continued and the respondent required to preserve HKD 1000000, with costs to be costs in the cause.

Hong Kong Case Law

GOOD CHOICE INDUSTRIAL LTD v. A.S. WATSON GROUP (HK) LTD

RE KEN FORWARD ENGINEERING LTD

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD

DISCREET LTD. v. GLOBAL ISLAND INVESTMENTS LTD. AND ANOTHER