Read the full judgment text of HCCT000028/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 June 1998 before The Hon Mr Justice Findlay, in Chambers.
Construction of Contract — Arbitration Award — Extensions of Time — Implied Terms — Time Bar Clauses — Building Authority Approvals — Costs. Plaintiff sought extensions of time and associated costs following alleged delays in contract completion related to Building Authority approvals. The arbitrator granted extensions and costs based on implied terms despite the contract lacking provision for time extensions. The court found the arbitrator erred in granting extensions unsupported by the contract and misinterpreted clear contract clauses, including clauses about delays from approvals and conditions for claims submission. The plaintiff failed to disclose relevant information in ex parte enforcement application, leading to indemnity costs order. The court set aside the arbitration award and enforcement order, ordered plaintiff to pay all costs, and refused remittal as the arbitrator had no basis to find for the plaintiff on these grounds. Subsequently, the Court of Appeal dismissed the plaintiff's appeal.
Legal issues: Extension of Time under the Contract · Implied Terms on Delay due to Building Authority Approval · Construction of Supplementary Agreement Clause on Delay · Time Bar Clause for Claims Submission
Outcome: Leave to appeal granted; appeal allowed; arbitration award set aside; order enforcing award set aside.