Read the full judgment text of HCCT23, 24, 25 & 26/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 August 2001 before Hon Burrell J in Chambers.
Arbitration Law — Construction contract dispute — Validity and interpretation of Practical Completion certificate and conditions precedent — Extension of time claims and notice requirements under clauses 23, SP 5.03, SP 8.02 — Time set at large due to employer's non-payment — Quantum claims on loss and expense, overheads, fluctuations, interest and general damages — Section 23 leave to appeal and sections 24 and 25 arbitration ordinance applications for remission and removal of arbitrator — Presumption of finality of arbitrator's award — High threshold for court intervention held applicable; issues mostly one-off with no general legal principle requiring clarification. The arbitrator held the Practical Completion certificate valid despite minor defects and unpleaded legal challenge. The arbitrator found inconsistency between SP 5.03 and SP 8.02 and rejected strict notice requirements for extension of time. The arbitrator's factual determinations on expert evidence and calculation methods were upheld, reflecting the technical nature of the dispute. Time at large due to respondent's admitted breaches was accepted lawfully. Loss and expense and other quantum findings were based on reasonable fact assessments without obvious error. The court held the section 25 removal application was meritless, reflecting mere dissatisfaction with adverse findings, not arbitrator incompetency. All applications rejected with costs ordered to the respondent.
Legal issues: Practical Completion Certificate Validity · Extension of Time Notice Requirements · Extension of Time Calculation Method · Time at Large Due to Non-Payment · Loss and Expense Claims under Clause 24 · Site Overheads Double Recovery · Fluctuations Award · Interest Rate Award · General Damages Burden of Proof · Removal of Arbitrator under section 25
Outcome: Applications under sections 23, 24 and 25 are refused; costs to follow the event with an order in favour of the respondent.
Cites 1 case