Read the full judgment text of HCCT 7/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 April 2008 before Hon Reyes J.
Construction Arbitration — Application for leave to appeal arbitration interim award — Motion without supporting affidavit filed out of time — Application to file late affirmation over two months after deadline — Court treats initial filing without affidavit as abuse of procedure — Delay unjustified and prejudicial to respondent — Appeal grounds involving questions of fact, no serious or obvious error of law — Application for leave and late affidavit refused — Emphasis on arbitration’s speed and cost-efficiency — RHC Order 73 Rule 5 requirement to serve affidavits with notice — No good excuse for delay given — Respondent prejudiced by uncertainty and inability to respond promptly — Leave to appeal rarely granted, must be assessed expeditiously — Outcome: motion dismissed, application for late affidavit refused, costs to be considered.
Legal issues: Leave to file late affirmation in appeal against arbitration award
Outcome: Free Form's application for leave to file a late affirmation is dismissed; Motion for leave to appeal dismissed.