Read the full judgment text of HCCT 22/2007, HCCT 23/2007, HCCT 29/2007, HCCT 30/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 July 2007 before Hon Reyes J.
Arbitration — Contract construction — Special Conditions of Contract (SCCs) — Leave to appeal arbitration awards — Quantum meruit and unjust enrichment claims — Contractual obligations on staffing adjustments after site deletions — Interpretation of cleaning obligations linked to schedule frequency — Validity of default notices relating to wage breaches — Liquidated damages distinguishable from penalties — Factual findings on manpower provision on Sundays and public holidays — Inclusion status of Regional Park Site A — Alleged arbitrator misconduct for refusal of discovery. New May Landscape Limited contracted with the Government to provide landscaping services. The High Court considered whether the Arbitrator seriously erred in the construction of SCCs and dismissed New May's leave to appeal applications. The Court found no entitlement to quantum meruit where services were supplied under a mistaken belief and no request was made; cleaning obligations arose only where cleaning frequency was specified; default notices relating to wage breaches were valid and liquidated damages were not penalties. Factual findings on manpower and site inclusion were upheld. Claims of arbitrator misconduct for refusing discovery were rejected. The applications to set aside the arbitral awards were dismissed and costs reserved.
Legal issues: Construction of Special Conditions of Contract (SCCs) in CWW award · Entitlement to quantum meruit in respect of staff supplied beyond contract · Obligation to clean and effect of Schedule 2 frequency in CWW award · Validity of default notices under General Condition 26 for wage breaches · Deduction of liquidated damages being penalty or genuine pre-estimate · Construction of SCCs regarding manpower obligations on Sundays and public holidays in YTM award · Inclusion and deletion of Regional Park Site A in contract · Application to set aside arbitrator awards on misconduct grounds
Outcome: New May's applications for leave to appeal and to set aside the arbitral awards were dismissed.
Cited by 3 cases