Read the full judgment text of HCCT20/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 June 2002 before Hon Ma J.
Arbitration Ordinance (Cap.341) — Construction of subcontract clause — Whether final quantities to be measured as actually measured under principal contract or by principal contract terms (SMM) —Whether estoppel applied to bar claim on alternative measurement method — Arbitration leave to appeal — The applicant, a subcontractor under SC 504 in a government sewerage project, disputed valuation method for pipe lengths laid, alleging payment should be by quantities measured by Engineer under Principal Contract; respondent argued measurement should follow Standard Method of Measurement for Civil Engineering Works 1992 (SMM) as stipulated. The arbitrator held measurement must follow SMM, not actual Engineer measurements, and applied estoppel by representation and estoppel by convention to bar applicant's claim for alternative measurement. The Court emphasized the presumption of finality in arbitration, requiring the applicant to demonstrate the arbitrator was plainly or obviously wrong to secure leave to appeal — a high threshold especially for one-off contractual terms. The construction of clause 2 was found correct, reflecting an objective measurement standard under principal contract terms, protecting subcontractors from measurement vagaries under the principal contract. The estoppel findings were supported by sufficient evidence and consistent with law. Leave to appeal was refused; the originating motion dismissed with costs ordered to the respondent.
Legal issues: Construction of clause 2 of SC 504 · Estoppel (禁反言)原則適用性
Outcome: 申請人要求就仲裁裁決費用部分上訴的許可遭拒，起始動議被駁回並命申請人支付訟費
Cites 1 case