Read the full judgment text of HCCT118/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 April 2000 before Hon Burrell J.
Arbitration — Construction contract — Clause 25 Hong Kong Standard Form of Building Contract — Determination by Employer — Validity of termination notice — Acceptance of repudiation at common law — Leave to appeal arbitration award — Test for leave — One-off case vs. standard form contract — Presumption of finality — The applicant, Fong On, sought leave to appeal against an interim arbitration award which held that a purported clause 25 notice terminating the contract was invalid, but that the notice validly accepted the other party’s repudiation at common law. The High Court affirmed the strong presumption of finality favoring arbitrators’ awards and held that as this was a one-off situation arising from unusual facts without evidence of recurring legal uncertainty or conflicting authorities, the applicant failed to show the arbitrator was obviously wrong. The court accepted the arbitrator’s interpretation that the clause’s wording preserved other remedies including common law repudiation acceptance. The application for leave to appeal was refused, and costs were ordered against the applicant.
Legal issues: Application of leave to appeal test in arbitration award · Validity of clause 25 notice as acceptance of repudiation at common law
Outcome: Application for leave to appeal refused