Arbitral Digest

Matter

Hong Kong Housing Authority v Bank of China Group Insurance Company Limited (HCCT 103/1999)

  1. 29 November 2000Hong Kong

    29 November 2000Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 103/1999 dated 29 November 2000

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Case no.
    HCCT 103/1999
    Decision summary
    The court refused Bank of China Group Insurance Company Limited's application to stay the Housing Authority's proceedings on the performance bond pending the arbitration between the plaintiff and Hing Lee Construction Company Ltd. It answered both Order 14A questions in the negative: an architect's certificate was not a precondition to the bank's liability under the bond, and the release of retention monies did not discharge the surety. The costs of both summonses were ordered to the plaintiff.

    Supporting details

    3 authorities · 8 participants
    Hong Kong Housing Authority
    Representative
    John Bleach (For: Hong Kong Housing Authority)
    Representative
    Stewart K.M. Wong (For: Hong Kong Housing Authority)
    Representative
    Johnson Stokes & Master (For: Hong Kong Housing Authority)
    Bank of China Group Insurance Company Limited
    Representative
    Teresa Cheng (For: Bank of China Group Insurance Company Limited)
    Representative
    Gallant Y.T. Ho & Co. (For: Bank of China Group Insurance Company Limited)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    3
    • Nene Housing Society Ltd v The National Westminster Bank Ltd ((1980) 16 BLR)
      case law
    • Bank of India v Transcontinental Commodity Merchants Ltd ([1983] 2 Lloyd's Rep. 298)
      case law
    • Bank of Credit and Commerce Hong Kong Ltd (in liquidation) v Quadrutec Hotel Management & Development Ltd ([1996] 4 HKC 316)
      case law

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Hong Kong Housing Authority v Bank of China Group Insurance Company Limited (HCCT 103/1999) · Matter