Read the full judgment text of HCCT 13/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 13 May 2010 before Hon Saunders J.
Construction arbitration — Subcontract interpretation — Completion date — Whether non-notification of completion date precludes delay claims — Interpretation of 'rate of works' clause — Arbitration award challenged for errors of law — Principles for leave to appeal under Arbitration Ordinance s 23(3)(b) — Court applied standard that arbitrator's decision must be 'obviously wrong' for leave to be granted — Court held completion date could be ascertained from works programme despite lack of formal notification — Court held ambiguity in clause precluded an interpretation that Tin Wo was barred from claiming prolongation costs — Leave to appeal refused — Wing Hong to pay costs—The case reiterates the high threshold to overturn arbitral awards on questions of law in one-off clause disputes.
Legal issues: Completion date and effect of non-notification · Interpretation of 'rate of works' in SSC 24 and entitlement to prolongation costs
Outcome: Application for leave to appeal refused; Wing Hong to pay Tin Wo’s costs on a party and party basis.
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