10 May 2005
POON WING KEE METAL WORK v. WING HONG CONTRACTORS LTD
- Citation
- POON WING KEE METAL WORK v. WING HONG CONTRACTORS LTD
- Court
- District Court
- Case number
- DCCJ5894/2003
The court held that the third party counterclaim constituted a true equitable set-off because it is inseparably connected to Wing Hong's third party claim; given the overlap, fraud/malicious falsehood allegations and the real risk of oppressive parallel proceedings and a race to judgment the court would restrain the arbitration under established principles and allow the court proceedings to proceed; accordingly the strike-out/stay application failed, arbitration was restrained and the third party proceedings were transferred to the Court of First Instance with leave to amend.