Read the full judgment text of HCCT55/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 October 2006 before Deputy High Court Judge Poon.
Arbitration — Implied terms — Contract interpretation — Arbitration Ordinance Cap.341 — Leave to appeal — Whether implied terms from Building Orders formed part of Contract — Test for leave to appeal confirmed as per Swire Properties — Application refused. The Incorporated Owners of Casio Mansion engaged Leung Yau Building Limited to carry out renovations under a contract excluding express reference to four Building Orders issued by the Building Authority. The Contractor commenced arbitration and obtained an award ordering payment. The IO sought leave to appeal, challenging the existence of implied terms incorporating the Building Orders into the Contract. The Court found the Arbitrator correctly applied the established test for implying terms, considering reasonableness, business efficacy, clarity, and express contractual provisions, including Clause 7.4.2. The IO's argument failed as the implied terms lacked clarity and the failure to discharge the Orders was due to procedural failure by the Architect, not the Contractor. Consequently, the leave to appeal was denied. Costs were awarded to the Contractor with taxation if necessary.
Legal issues: Whether the implied terms under the Building Orders formed part of the Contract
Outcome: Leave to appeal refused; application dismissed