Case Digest

An ongoing, human-picked roundup of Hong Kong judgments worth a practitioner's attention — public interest, notable fact patterns, or important legal principles.

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sand fill and public fill

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Cs v. Hkr
Court of Appeal · 2026-07-20
CS was main contractor on the Hong Kong-Zhuhai-Macau Bridge Project. HKR was the marine works subcontractor under a remeasurement contract (§6). Two disputes went to arbitration: the Sand Fill Issue (whether HKR could claim 100% sand fill, or had to use 30% public fill under a pre-contract oral agreement and Main Contract terms) and the Double Recovery Issue (whether BQ Item 19 and Extra Works Item 20 paid twice for the same rockfill). Arbitrator Mr Bernard Wu found for HKR on both. CS sought leave to appeal under s 5/6 of Schedule 2 to the Arbitration Ordinance. The judge refused leave on 22 November 2024, then granted it on 7 February 2025. CS appealed. The Court of Appeal (Poon CJHC, Kwan VP and Chow JA) dismissed the appeal on 20 July 2026.