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 — Construction of standard contract terms — Leave to appeal — Application to set aside arbitral awards for misconduct — Quantum meruit claims — Contractual obligations for staffing and cleaning — Validity of default notices and liquidated damages — Contract interpretation considered including SCC 10, 5.2, 22.2 and cleaning schedules — Arbitrator's findings regarded as correct including rejection of a quantum meruit claim absent request from Government and refusal to order discovery — No evidence of serious error or misconduct found warranting leave to appeal or setting aside. Applications by New May Landscape Limited to challenge arbitral awards dated 23 January 2007 relating to two government horticultural service contracts were dismissed. The court upheld the Arbitrator’s construction of contract terms concerning staff adjustments and cleaning obligations, rejected claims for quantum meruit, affirmed the reasonableness of liquidated damages deductions, and found no misconduct in refusal of discovery. Costs to be subject to further hearing.
Legal issues: Leave to appeal on construction of special conditions of contract (SCCs) in CWW award · Entitlement to quantum meruit in CWW and YTM awards · Cleaning obligation under contract schedules in CWW and YTM awards · Validity of Government's default notices and related liquidated damages · Construction of manpower obligations on Sundays and public holidays in YTM award · Inclusion and deletion of Regional Park Site A in contract · Alleged misconduct by Arbitrator in refusing discovery and its effect on quantum meruit claim
Outcome: New May's applications for leave to appeal and to set aside the arbitral awards were dismissed.
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