SHUI ON CONSTRUCTION COMPANY LIMITED AND ANOTHER v. MOON YIK COMPANY AND OTHERS

SHUI ON CONSTRUCTION COMPANY LIMITED AND ANOTHER v. MOON YIK COMPANY AND OTHERS

The Court exercised its discretion under s6B and ordered formal consolidation of the Main Contract Arbitration and the DCH Arbitration because common questions of law and fact existed and the rights to relief arose from related contract and nominated sub-contract concerned with the same project; formal consolidation was necessary to permit interlocutory orders affecting all parties and to facilitate the better disposal of issues; timing concerns were addressed by the Court's acceptance that the proposed timetable would be adjusted and by declining to make any order as to costs given the parties' conduct and prematurity of the later arbitration.

Citation
SHUI ON CONSTRUCTION COMPANY LIMITED AND ANOTHER v. MOON YIK COMPANY AND OTHERS
Parties
Claimant: Shui On Construction Company Limited; Respondent (employer): Moon Yik Company; Respondent (employer): Xipho Development Company Limited; Respondent (nominated Sub Contractor): Dah Chong Hong Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 1987
Case Number
HCMP1275/1987
Procedural Posture
Arbitration Consolidation Application Under Section 6 B of the Arbitration Ordinance / Originating Summons Hearing and Determination (section 6 B Application)
Outcome
Application granted: formal consolidation ordered pursuant to Section 6B of the Arbitration Ordinance; no order as to costs.
Legal Topics
Consolidation of Arbitrations, Section 6 B Arbitration Ordinance, Costs, Timing and Prematurity, Interrelation of Contract and Nominated Sub Contract
Source Language
EN
Arbitration Civil Procedure Construction Law Contract Law Consolidation of Arbitrations Section 6 B Arbitration Ordinance Costs Timing and Prematurity +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Shui On Construction Company Limited

Claimant

Moon Yik Company

Respondent (employer)

Xipho Development Company Limited

Respondent (employer)

Dah Chong Hong Limited

Respondent (nominated Sub Contractor)

Procedural Posture

Arbitration Consolidation Application Under Section 6 B of the Arbitration Ordinance / Originating Summons Hearing and Determination (section 6 B Application)

Legal Issues

  1. 1 Whether two arbitrations should be formally consolidated under s6B
  2. 2 Whether the arbitrations should merely be heard at the same time rather than consolidated
  3. 3 Extent to which litigation consolidation principles apply to arbitration

Ratio Decidendi

The Court exercised its discretion under s6B and ordered formal consolidation of the Main Contract Arbitration and the DCH Arbitration because common questions of law and fact existed and the rights to relief arose from related contract and nominated sub-contract concerned with the same project; formal consolidation was necessary to permit interlocutory orders affecting all parties and to facilitate the better disposal of issues; timing concerns were addressed by the Court's acceptance that the proposed timetable would be adjusted and by declining to make any order as to costs given the parties' conduct and prematurity of the later arbitration.

Court Disposition

Application granted: formal consolidation ordered pursuant to Section 6B of the Arbitration Ordinance; no order as to costs.

Orders

  • The Main Contract Arbitration and the DCH Arbitration are consolidated pursuant to Section 6B of the Arbitration Ordinance (Cap.341).
  • No order as to costs.