Read the full judgment text of HCCT 37/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 June 2014 before Deputy High Court Judge Lok.
Arbitration — Leave to appeal — Interim Award concerning Delay Claim and CCMS Variation Claim — Whether leave should be granted to appeal on CCMS Variation Claim — Whether payment arrangement is 'pay-when-paid' — Whether breach of contractual duty under SFDSC 10.3 — Jurisdiction for court to decide costs and interest — Arbitration Ordinance (Cap 341) s.23(2) and (4). The dispute concerned claims by Standard Refrigeration & Engineering Co. Ltd as sub-contractor against Kim Hung Construction & Engineering Co. Ltd (Main Contractor) under contracts for hospital ventilation system works. The Arbitrator found liability on Delay Claim and CCMS Variation Claim, but quantum of CCMS Variation Claim was nil. The Court allowed Kim Hung’s appeal dismissing Delay Claim but refused leave to appeal the CCMS Variation Claim. The court found the CCMS Variation Claim appeal moot given nil quantum and limited costs impact. The court held appeal must be on points of law substantially affecting rights. The court declined jurisdiction to decide reserved cost and interest issues, as no award had been made. Costs of originating summons were divided between parties. Leave to appeal on CCMS Variation Claim refused; no court decision on arbitration costs and interest granted, preserving arbitration process integrity.
Legal issues: Leave to appeal against Interim Award on CCMS Variation Claim · Court’s jurisdiction to decide costs and interest questions
Outcome: Kim Hung’s application for leave to appeal against the Interim Award relating to the CCMS Variation Claim is dismissed; Kim Hung’s application for the court to deal with costs and interest issues is refused.
Cited by 1 case