Read the full judgment text of HCCT000092/2002 on BabelCite. This CONSTRUCTION AND ARBITRATION PROCEEDINGS judgment was delivered on 22 April 2003 before Hon Burrell J in Chambers.
Construction and Arbitration Proceedings — Interpretation of Clause 11(b) of subcontract — Payment obligations triggered upon employer's payment certified by architect — Arbitration award challenged by main contractor seeking leave to appeal — Principles of finality of arbitration awards and P.T. Dover scale applied — Whether arbitrator made a clear and obvious error of law — Arbitrator held that Certificate 29 provided reliable evidentiary basis confirming payments made to subcontractor under earlier certificates, triggering payment obligations by main contractor — Double deduction of retention money rejected — No clear error shown — Leave to appeal refused — Costs ordered against applicant.
Legal issues: Construction of Clause 11(b) of the sub-contract
Outcome: Refusal of leave to appeal; costs ordered to be paid by the applicant.