5 Oct 2015
Applying the real possibility test to the totality of circumstances the tribunal found no real possibility of bias; the case management directions and possession order were lawful and not plainly wrong; lack of legal aid did not justify transfer to the CFI; accordingly the recusal, setting aside and transfer applications were dismissed and costs were ordered.
10 May 2005
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.