Read the full judgment text of HCCT000024/1994 on BabelCite. This HIGH COURT judgment was delivered on 30 January 1995 before The Hon. Mr. Justice Leonard.
Arbitration — Leave to appeal interim award — Implied terms in building contract — Extensions of time — Validity of Architect's certificate — Application under s.23 Arbitration Ordinance Cap. 341 — Standards for leave to appeal set out in In re P.T. Dover and the 'Nema' guidelines — Court reluctant to interfere with legally qualified arbitrator's findings absent strong prima facie case of error — Implied terms concerning timely instructions and correctness of information upheld — Third extension of time for contract period upheld despite informal wording and phrase 'for administrative convenience' — No plain error demonstrated — Leave to appeal refused — Costs reserved. The case involved THE GARDEN COMPANY LIMITED and ON LEE GENERAL CONTRACTORS LIMITED in a standard HKIA Building Contract (2nd Ed.) context. Applications for leave to appeal must show quick and easy demonstration of arbitrator's error; lengthy submissions discouraged. Outcome: Application dismissed, costs submissions to follow.
Legal issues: Whether the implied term found by the Arbitrator was to be implied as part of the contract · Formal validity of the third extension of time dated 29th August 1991
Outcome: Application for leave to appeal dismissed