Read the full judgment text of HCCT 17/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 September 2020 before Hon Mimmie Chan J in Chambers.
Arbitration — breach of subcontract — repudiation — variation instruction omitting significant subcontract works — whether repudiatory breach allowing termination — court held question highly fact sensitive, involving consideration of contract provisions and conduct — arbitrator found deliberate breach and intention not to be bound by contract — leave to appeal refused as no obvious error and issue not of general importance — costs awarded to respondent on indemnity basis.
Legal issues: Whether the breach was repudiatory in nature
Outcome: Refused leave to appeal on the question of repudiation; MC ordered to pay costs to SC on indemnity basis
Cited by 1 case