Read the full judgment text of on BabelCite. was delivered on 27 July 1990 before Fuad VP, Clough JA, Penlington JA.
Arbitration – appeal to Privy Council – Arbitration Ordinance Cap.341 s.23(3)(b) – interim award – whether appeal lies as of right under rule 2(a) of the Order in Council – whether order refusing leave to appeal is interlocutory – First Pacific Bank v. Robert H.P. Fung [1990] 1 HKLR 527 – split trial analogy – monetary threshold of HK$500,000 – Whether leave should be granted in discretion under rule 2(b) – general or public importance – avoided loss / mitigation – British Westinghouse v. Underground Electric Railway [1912] AC 673 – qualified rights of appeal in arbitration – legislative intention of speedy finality – whether Privy Council would express concluded opinion or merely remit – Extension of time under rule 3A of the Order in Council – Notice of Motion filed 8 days late – solicitor's oversight before going on leave – practitioners' duty to comply with time limits – Court of Appeal upheld Barnett J.'s refusal of leave to appeal from Second Interim Award – arbitrator Mr. David Gardam Q.C. held that Dover did not have to give credit for gain from operation of rectifier tower – extension of time granted – application for leave to appeal to Privy Council dismissed.
Legal issues: Extension of time for filing Notice of Motion for Privy Council appeal · Whether appeal lies as of right to Privy Council under rule 2(a) · Whether to grant discretionary leave to appeal to Privy Council under rule 2(b)
Outcome: Application for extension of time granted; application for leave to appeal to the Privy Council refused