24 Feb 1992
HO KWOK HUNG t/a KIM KWOK CO. v. HUNG DAT TRADING CO. AND OTHERS
- Citation
- HO KWOK HUNG t/a KIM KWOK CO. v. HUNG DAT TRADING CO. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA9219/1991
The court construed the clause as an arbitration agreement but exercised its discretion under s.6 to refuse a stay because of the presence of other defendants, the mix of potential international and domestic arbitrations and the risk of multiplicity and inconsistent outcomes; the court refused summary judgment and granted unconditional leave to the 1st Defendant to defend because the tripartite contractual arrangements and pleaded representations raised real triable issues and the affidavit did not fully verify the extended factual pleadings.