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 in Chambers.
Arbitration — Contract construction — Leave to appeal — Setting aside awards — New May Landscape Limited contracted with the Hong Kong Government for horticultural services resulting in disputes resolved by Arbitrator Charles Manzoni in awards dated 23 January 2007. New May sought leave to appeal the awards and to set them aside for alleged misconduct. The court considered alleged errors in construction of special contract conditions, entitlement to quantum meruit, cleaning obligations, default notices and liquidated damages, and found no serious error or misconduct. The Arbitrator’s factual findings on manpower obligations and site inclusion were upheld as factual matters not open to appellate review. Applications dismissed with costs reserved.
Legal issues: Construction of SCC 10 and related contract terms · Entitlement to quantum meruit claim · Obligation to clean under contract schedules · Relevance of General Condition of Contract Clause 26 to default notices · Validity of liquidated damages as genuine pre-estimate · Interpretation of manpower obligations on Sundays and public holidays · Inclusion and deletion of Regional Park Site A · Setting aside arbitral awards for misconduct regarding refusal of discovery
Outcome: New May's applications for leave to appeal and to set aside the arbitral awards were dismissed.
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