10 May 2005
DéCOR FLOORS ENGINEERING LTD v. WING HONG CONTRACTORS LTD AND ANOTHER
- Citation
- DéCOR FLOORS ENGINEERING LTD v. WING HONG CONTRACTORS LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ31/2003
The court restrained the arbitration and retained jurisdiction of the TP Proceedings because (1) the third party counterclaim constitutes a true equitable set-off: it flows from the same dealings and transactions as the third party claim and there is no manifest injustice in allowing set-off; (2) there is a real risk of oppressive parallel proceedings, issue estoppel and unfairness (including serious malicious falsehood/fraud concerns) if arbitration continued in parallel; and (3) the strike out/stay application failed because the counterclaim is not plain and unarguable and pleading it is no…