HONG KONG HOUSING AUTHORITY v. WAN CHUNG CONSTRUCTION CO LTD

HONG KONG HOUSING AUTHORITY v. WAN CHUNG CONSTRUCTION CO LTD

Leave to appeal was refused because the Arbitrator's factual findings that Wan Chung maintained a minimum site establishment due to the Authority's delay were supported by evidence (including contemporaneous daily reports, clerk of works verification and an independent surveyor's assessment), the Arbitrator applied the correct legal test for causation of prolongation costs, and the disputed issues were primarily factual such that the proposed appeal was a one-off matter not meeting the Swire test for leave.

Citation
HONG KONG HOUSING AUTHORITY v. WAN CHUNG CONSTRUCTION CO LTD
Parties
Applicant [respondent]: HONG KONG HOUSING AUTHORITY; Respondent [claimant]: WAN CHUNG CONSTRUCTION CO LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2006
Case Number
HCCT75/2005
Procedural Posture
Construction and Arbitration Proceedings Under the Arbitration Ordinance / Application for Leave to Appeal Against an Interim Arbitral Award (leave to Appeal)
Outcome
Leave to appeal refused
Legal Topics
Prolongation Costs, Concurrent Delay, Quantum of Damages, Leave to Appeal, Application of Factual Findings
Source Language
EN
Arbitration Construction Law Contract Law Civil Procedure Prolongation Costs Concurrent Delay Quantum of Damages Leave to Appeal +1 more

Case Brief

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Parties

HONG KONG HOUSING AUTHORITY

Applicant [respondent]

WAN CHUNG CONSTRUCTION CO LTD

Respondent [claimant]

Procedural Posture

Construction and Arbitration Proceedings Under the Arbitration Ordinance / Application for Leave to Appeal Against an Interim Arbitral Award (leave to Appeal)

Legal Issues

  1. 1 Whether the arbitrator correctly applied the test for entitlement to prolongation costs
  2. 2 Whether the delaying events for which the Authority was responsible were the effective or dominant cause of Wan Chung's prolongation losses
  3. 3 Whether the claim that a minimum site establishment was maintained due to the Authority's delay was hypothetical or supported by evidence

Ratio Decidendi

Leave to appeal was refused because the Arbitrator's factual findings that Wan Chung maintained a minimum site establishment due to the Authority's delay were supported by evidence (including contemporaneous daily reports, clerk of works verification and an independent surveyor's assessment), the Arbitrator applied the correct legal test for causation of prolongation costs, and the disputed issues were primarily factual such that the proposed appeal was a one-off matter not meeting the Swire test for leave.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused