Read the full judgment text of HCCT 24/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 August 2008 before Hon Reyes J.
Construction Law — Arbitration — Practical Completion — Contract Interpretation — Meaning of "occupants" — Whether referring only to hotel guests/staff or next occupiers of parts of the development — Held: "occupants" means those likely to occupy parts post Hyundai's works, including other contractors, not necessarily guests/staff. Construction disputes — Contract A for KCRC Hung Hom development — Date of Practical Completion — Dispute whether it was December 2001 or June 2002. Arbitration proceedings — Issue of whether practical completion certificate could be issued absent satisfactory passing of "final tests" under GCC 53 — Held: Issue not sufficiently pleaded or particularised, arbitrator entitled to ignore. The definition of "final tests" and requirement for their specific identification in contract discussed; no obvious error in arbitrator’s reading. Application for leave to appeal against arbitrator’s Interim Award dismissed. Costs to be determined.
Legal issues: Meaning of 'occupants' in Contract A · Significance of 'final tests' for practical completion certificate
Outcome: Vigour’s motion for leave to appeal the Interim Award dismissed.