Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs (indemnity vs party-and-party)

Legal area

Court

14 May 2024

YEUNG MAN v. NEW WINNING FINANCE COMPANY LTD, (IN LIQUIDATION), a Creditor

Citation

[2024] HKCA 451
Court

Court of Appeal
Case number

CACV239/2022

The appeal is dismissed because the appellant failed to raise a bona fide dispute on substantial grounds: the Repayment Arrangement, even if characterised as novation or contract, lacked evidence of the necessary consent and lacked evidence that Wen had authority (actual or apparent) to bind the Petitioner; the judge's detailed scrutiny of affirmations and documents was appropriate and his conclusion that the debtor's case was unbelievable was open to him.
7 Jul 1995

PRIVATE CO. "TRIPLE V" INC. v. STAR (UNIVERSAL) CO. LTD. and Another

Citation

PRIVATE CO. "TRIPLE V" INC. v. STAR (UNIVERSAL) CO. LTD. and Another
Court

Court of Appeal
Case number

CACV90/1995

Article 11(3) of the UNCITRAL Model Law is engaged only where the parties have failed to agree on a procedure for appointing an arbitrator; it is not engaged where the parties disagree as to whether there should be arbitration at all or whether a particular party is bound. The Court of Appeal has jurisdiction to hear this appeal; the judge's order appointing an arbitrator was final for appeal purposes; the judge was right to make only a prima facie assessment and to leave substantive issues (rescission, agency, validity) to the arbitrator. The indemnity costs order was unjustified and must be…