Read the full judgment text of CACV 321/2002 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 13 November 2002 before Hon Mayo VP and Kwan J.
Civil Procedure — Arbitration — Leave to appeal against Arbitration Award — Extension of time to appeal refused — Application to adduce additional evidence alleging solicitor's negligence dismissed — Applicant aware of solicitor's misapprehension prior to hearing but proceeded only on impecuniosity grounds — Grounds of appeal lacked merit and no prospect of success — Settlement agreement and waiver issue a question of fact not open to appeal — Arbitrator's jurisdiction appropriate as scope based on parties' conduct and pleadings — Delay and disruption claims properly excluded for being unpleaded — Court reaffirmed the strict approach to leave to appeal in arbitration — Costs awarded against appellant.
Legal issues: Grant of leave to adduce additional evidence · Extension of time to appeal arbitration award · Validity and scope of settlement agreement and waiver · Arbitrator’s jurisdiction to consider claims beyond interim certificates · Re-design issue affecting damages · Failure to consider unpleaded delay and disruption claim
Outcome: Appeal dismissed
Cites 2 cases