Read the full judgment text of HCCT10/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 March 2000 before Hon Burrell J.
Arbitration — Construction Contract — Implied Terms — Contractual Entitlement to Damages on Termination — Leave to Appeal — Arbitration Ordinance s.23 — Threshold for Leave — Contractual Clauses 22 and 29 — Whether failure to follow payment certification or claim procedure barred recovery under Clause 29 — Held: No question of law fit for leave as contract lacked any condition precedent requiring certification or claim submission for Clause 29 claims. The arbitrator’s finding that the respondent was entitled to recover damages under Clause 29 was not obviously wrong. Implied term obliging possession and access to site confirmed as not obviously wrong, and breach finding a factual matter. The court applied the high threshold test from Lee Chang Yung Chemical Industry Corp v. PT Dover Chemical Company, affirming the primacy of arbitration finality and party autonomy. Leave to appeal was refused, and costs awarded to the respondent on the appeal application.
Legal issues: Leave to appeal on contractual entitlement under Clause 29 · Implied term requiring possession and access to site · Breach of the alleged implied term
Outcome: Refusal of leave to appeal against the Second Interim Award on liability