Read the full judgment text of HCCT000059/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 October 2002 before Hon Ma J in Chambers.
Construction and Arbitration — subcontracts — arbitration award — appeal — application for leave to amend Originating Motion seeking leave to appeal the interim award — whether strict compliance with 21-day time limit under Order 73, rule 5 mandates refusal — court finds rule deals with service and commencement but does not preclude amendments once motion served in time — no substantial delay or prejudice to hearing date — application to amend allowed to ensure true controversy determined — delay by applicant and respondent’s procedural objections not sufficient to deny leave — principles of speed and finality respected but balanced with fair opportunity to amend — application allowed.
Legal issues: Whether leave to amend Originating Motion should be granted
Outcome: Application for leave to amend Originating Motion allowed