Read the full judgment text of HCCT136/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 February 2000 before Hon Waung J in Chambers.
Construction law — Arbitration — Contract interpretation — Clause 50(1)(c)(iii) on delay caused by specialist sub-contractors — Whether delay after termination of sub-contract excludes extension of time — Clause 50(1)(b)(xi) on any special circumstances allowing extension — The High Court held the Arbitrator erred in law by interpreting the exclusion of extension to include delay following sub-contract termination, which conflicts with the plain meaning and authority of Percy Bilton Limited v. Greater London Council. The broader clause allowing special circumstances was held to potentially apply to delays caused by sub-contract termination. Appeal allowed and remitted to Arbitrator for further consideration. Costs ordered to claimant with certificate for two counsel.
Legal issues: Interpretation of clause 50(1)(c)(iii) and applicability of time extension
Outcome: Allow appeal; remit matter to Arbitrator for reconsideration.