Read the full judgment text of HCCT 15/2013 & 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.
Construction law — Arbitration — Enforcement of arbitration award — Leave to appeal arbitration award on questions of law — Application to set aside arbitration award for breach of due process — Application to amend originating summons and file affirmation out of time — Abuse of process — Timeliness and procedural requirements under Cap 609 and Order 73 RHC — Contractor’s delay in collecting Award and failure to specify grounds in originating summons — Arbitrator’s findings on design responsibility and implied duty to warn included in pleaded issues — No material irregularity affecting outcome — Application to set aside enforcement order for alleged non-disclosure dismissed — All Contractor’s applications refused with indemnity costs. The Court held that the Contractor’s failure to comply with strict procedural rules and delay constituted abuse of process. The arbitrator’s findings were reasonably related to the parties’ submissions and did not amount to breach of due process warranting setting aside. The enforcement of the Award remains valid and the Contractor is ordered to pay costs on an indemnity basis.
Legal issues: Whether leave to amend and file evidence out of time should be granted · Whether leave to appeal or setting aside should be ordered · Whether the Order granting leave to enforce the Award should be set aside for material non-disclosure
Outcome: Contractor’s applications for leave to amend, leave to appeal, to set aside the Award, and to set aside the Order enforcing the Award are dismissed.
Cites 2 cases