Arbitral Digest

Matter

Jin Hai An Construction Engineering Ltd. v Golden Rock Beach Inc. (Hong Kong Court of Appeal CACV000236/1995)

  1. 26 October 1995Hong Kong

    26 October 1995Hong Kong

    Summary judgment dated 26 October 1995

    Decision summary
    Leonard J refused to stay the action in favour of arbitration, gave summary judgment against Ng Chun Wah, and dismissed the application for sale.

    Supporting details

    3 participants
    Jin Hai An Construction & Engineering Ltd.
    Ng Chun Wah
    Court

    4 months and 24 days later · 147 days

  2. 21 March 1996Hong Kong

    21 March 1996Hong Kong

    Judgment of the Court of Appeal in the case CACV000236/1995 dated 21 March 1996

    Court of Appeal

    Case no.
    CACV000236/1995
    Decision summary
    The Court of Appeal dismissed the appeal against refusal to stay the action in favour of arbitration and against summary judgment for Jin Hai An Construction & Engineering Ltd. It held that the arbitration clause did not bind Ng Chun Wah, rejected a stay under the court's inherent jurisdiction, and by majority dismissed the appeal; Liu JA would have allowed the challenge to interest beyond six months after default.

    Supporting details

    4 authorities · 12 participants
    Jin Hai An Construction & Engineering Ltd.
    Representative
    Gladys Li QC (For: Jin Hai An Construction & Engineering Ltd.)
    Representative
    Au-Yeung Kwan (For: Jin Hai An Construction & Engineering Ltd.)
    Representative
    Gary Mak & Co (For: Jin Hai An Construction & Engineering Ltd.)
    Golden Rock Beach Inc.
    Ng Chun Wah
    Representative
    Audrey Eu QC (For: Ng Chun Wah)
    Representative
    Albert Tsang (For: Ng Chun Wah)
    Representative
    Y.C. Lee & Pang (For: Ng Chun Wah)
    Court of Appeal
    Judge
    B Liu

    Authorities cited

    4
    • Hong Kong Arbitration Ordinance (Cap. 341)
      statute
    • Spiliada Maritime Corp v Consulex ([1987] 1 AC 470)
      case-law
    • The Tasmania ([1890] AC 223)
      case-law
    • Supreme Court Practice 1995
      academic

Matter record

Report a correction

Jin Hai An Construction Engineering Ltd. v Golden Rock Beach Inc. (Hong Kong Court of Appeal CACV000236/1995) · Matter