19 Jan 2021
X v. Y
- Citation
- [2021] HKCFI 147
- Court
- Court of First Instance
- Case number
- HCCT62/2018
Leave to appeal was refused because, although there were arguable merits on grounds that the Tribunal may have exceeded jurisdiction in determining the Pledge, X failed to obtain reasonable prospects of success on the separate and dispositive ground that the Bank had not been given a fair opportunity to present its case; that procedural unfairness renders the Award unenforceable under s.86(1)(c)(ii) and therefore permitting an appeal limited to jurisdictional grounds would be pointless and contrary to the object of the Ordinance; the Taiwan High Court judgment was irrelevant to the leave appl…