Read the full judgment text of HCCT62/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 20 December 2001 before Hon Burrell J in Chambers.
Construction and arbitration — Appeal against arbitrator’s award — Pay-when-paid clause — Partial payment and deductions — Whether arbitrator plainly wrong in factual findings — Right to set-off delay damages without architect's certificate — Costs order made without submissions — Arbitration Ordinance Cap.341 ss.23–25 — P.T. Dover Chemicals test for appeals — Edwards v. Bairstow test for error of law — Arbitration conducted on documents only before experienced counsel arbitrator. Ryoden Engineering claimed full payment under interim certificates; Yiu Wing made partial payments citing delay-related deductions. Arbitrator found Yiu Wing had been paid by employer according to 'pay when paid' clause and no entitlement to delay damages due to absence of admitted liability or certification. Costs awarded to Ryoden without further submissions. High Court held that disputed findings were factual and properly made; no basis to overturn for error of law; refusal of leave to appeal affirmed with costs to respondent.
Legal issues: Arbitrator’s factual findings on payment under a pay-when-paid clause · Right to set-off for delay without architect’s certificate · Costs and opportunity to make submissions
Outcome: Leave to appeal refused with costs