Read the full judgment text of HCCT 15/2013 and HCCT 23/2013 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 November 2013 before Hon Mimmie Chan J.
Arbitration — Construction contract dispute — Arbitration Ordinance (Cap 609) — Leave to appeal arbitration award — Whether late amendment and supporting evidence should be allowed — Whether arbitrator’s findings on design responsibility and implied duty to warn constitute breach of due process — Enforcement of arbitration award — Non-disclosure in ex parte enforcement application — The Contractor entered into a contract to carry out renovation work including waterproofing. Dispute arose on workmanship standards and liability for defects. Arbitration awarded damages against Contractor. Contractor applied unsuccessfully to amend summons and for leave to appeal, citing alleged breach of due process by arbitrator making unpleaded findings. The court held that the Contractor’s applications were out of time, amounted to abuse of process, and without merit. The arbitrator’s findings were supported by pleadings and evidence, and no procedural unfairness occurred. Non-disclosure of pending appeal application did not justify setting aside enforcement order. All Contractor’s applications were dismissed with costs on indemnity basis.
Legal issues: Leave to amend and file evidence out of time · Merits of leave to appeal and setting aside arbitration award · Whether leave to set aside the Order granting leave to enforce the award should be given due to non-disclosure
Outcome: All of the Contractor's applications for leave to appeal the Award, to set aside the Award, to amend the Originating Summons, and to set aside the enforcement Order were dismissed with costs on an indemnity basis
Cited by 3 cases · Cites 1 case