Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interim relief pending arbitration

Legal area

Court

17 Sept 1998

DOWNER & CO. LTD. AND ANOTHER v. THE AIRPORT AUTHORITY

Citation

DOWNER & CO. LTD. AND ANOTHER v. THE AIRPORT AUTHORITY
Court

Court of First Instance
Case number

HCCT69/1998

Both summonses were directed to be heard together because the central overlapping issue—whether the action concerns arbitrable disputes or enforceable expert panel decisions—can determine the outcome of both applications and hearing them together is efficient and necessary to resolve that determinative question.
18 Aug 1998

LEVIATHAN SHIPPING CO. LTD. v. SKY SAILING OVERSEAS CO. LTD.

Citation

LEVIATHAN SHIPPING CO. LTD. v. SKY SAILING OVERSEAS CO. LTD.
Court

Court of First Instance
Case number

HCCL193/1998

The ex parte orders were discharged because the applicant's solicitor had omitted material Belgian proceedings from the affidavits (an omission found blameworthy and material to the ex parte judge's discretion) and because the dispute (including interim relief) falls to be referred to arbitration under the charterparty and Arbitration Ordinance, with no special reason shown to retain court-ordered interim relief.