Read the full judgment text of HCCT 43/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 October 2010 before Hon Saunders J.
Arbitration — Leave to appeal — Application for leave to appeal an arbitrator’s partial and supplemental awards involving construction contract disputes — Time limit of 30 days under O 73 r 5(2) RHC for originating summons — Proposed amendment to add new ground of appeal after expiry amounts to application for extension of time — Such extension granted only in exceptional, compelling circumstances — No explanation provided for delay — Application to amend refused. Construction contract — Clause 11(4) and Preliminaries clause 8.03 — Oral instructions for variation — Arbitrator held contractor entitled to payment despite lack of formal compliance — Court finds arbitrator’s construction consistent with business common sense — No leave to appeal granted. Costs ordered on indemnity basis to Respondent on amendment application. The court dismissed the application for leave to appeal against the arbitrator’s award and refused to allow an amendment introducing new grounds outside the statutory time limits. The decision confirmed the strict application of procedural rules for leave to appeal arbitration awards under Hong Kong law and affirmed the arbitrator’s contract interpretation respecting oral variations.
Legal issues: Application to amend originating summons by adding new ground of appeal · Whether the arbitrator erred in law in construing clause 11(4) and related contract provisions
Outcome: Application for leave to appeal dismissed; application to amend originating summons refused with costs to Respondent.
Cited by 1 case