Arbitral Digest

Matter

Danco Investment Limited v Luxe Home Limited and The Incorporated Owners of Sunny Villa (LDBM 180/2016)

  1. 29 September 2017Hong Kong

    29 September 2017Hong Kong

    Reasons for Decision of the Lands Tribunal of the Hong Kong Special Administrative Region in Building Management Application No. 180 of 2016 dated 29 September 2017

    Lands Tribunal of the Hong Kong Special Administrative Region

    Case no.
    Building Management Application No. 180 of 2016
    Decision summary
    The Lands Tribunal granted the second respondent's application to stay Danco Investment Limited's building-management proceedings in favour of arbitration under the arbitration clause in the Deed of Mutual Covenant. It held that the second respondent's brief, unauthorized Notice of Opposition did not abandon or waive its right to arbitrate and ordered a mandatory stay; alternatively, it ordered a discretionary stay. Danco was ordered to pay the second respondent's costs of the stay application on an indemnity basis, while costs of the proceedings were reserved.

    Supporting details

    9 authorities · 11 participants
    Danco Investment Limited
    Representative
    Timothy YH Wong (For: Danco Investment Limited)
    Representative
    Hastings & Co. (For: Danco Investment Limited)
    Luxe Home Limited
    Representative
    Tang Siu Kai (For: Luxe Home Limited)
    Representative
    Lo & Lo (For: Luxe Home Limited)
    The Incorporated Owners of Sunny Villa
    Representative
    Jacqueline Law (For: The Incorporated Owners of Sunny Villa)
    Representative
    Kao, Lee & Yip (For: The Incorporated Owners of Sunny Villa)
    Lands Tribunal of the Hong Kong Special Administrative Region
    Other

    Authorities cited

    9
    • Hong Kong Arbitration Ordinance, Cap 609
      statute
    • Supreme Court Rules, Order XXV
      rules
    • Hong Kong Rules of the District Court, Cap 336H
      rules
    • Louis Dreyfus Trading Ltd v Bonarich International (Group) Limited ([1997] 3 HKC 597)
      case-law
    • Redfern and Hunter on Arbitration
      academic
    • Eagle Star Insurance Co v Yuval Insurance Co ([1978] 1 Lloyd's Rep 357)
      case-law
    • Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd ([2016] 1 HKLRD 582)
      case-law
    • Gao Haiyan & Another v Keeneye Holding Ltds & Another (No 2) ([2012] 1 HKC 491)
      case-law
    • New York Convention
      treaty

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Danco Investment Limited v Luxe Home Limited and The Incorporated Owners of Sunny Villa (LDBM 180/2016) · Matter