MC v. SC

MC v. SC

Leave to appeal was refused because the question of whether the breach was repudiatory was fact-sensitive, depended on the arbitrator's findings of conduct and correspondence which supported his conclusion of deliberate and continued breaches evidencing an intention not to be bound, and the arbitrator's decision was not obviously wrong; the issue was not of general importance and deference to the arbitrator's factual conclusions was required.

Citation
[2020] HKCFI 2337
Parties
Plaintiff (claimant in Arbitration): MC; Defendant (respondent in Arbitration): SC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCCT17/2020
Procedural Posture
Application for Leave to Appeal Under Schedule 2 to the Arbitration Ordinance (s5) / Decision on Application for Leave to Appeal (refused)
Outcome
Leave to appeal refused
Legal Topics
Repudiation, Breach of Contract, Leave to Appeal From Arbitration Award, Contractual Interpretation, Challenge Mechanism Under Subcontract, Special Payment Arrangement
Source Language
EN
Arbitration Contract Construction Law Civil Procedure Repudiation Breach of Contract Leave to Appeal From Arbitration Award Contractual Interpretation +2 more

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Parties

MC

Plaintiff (claimant in Arbitration)

SC

Defendant (respondent in Arbitration)

Procedural Posture

Application for Leave to Appeal Under Schedule 2 to the Arbitration Ordinance (s5) / Decision on Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether the omission of a significant part of subcontract works and contemporaneous addition to main contractor constituted a repudiatory breach entitling termination
  2. 2 Whether the question is of general importance for grant of leave under Schedule 2
  3. 3 Whether the arbitrator was obviously wrong in finding repudiation given his factual findings

Ratio Decidendi

Leave to appeal was refused because the question of whether the breach was repudiatory was fact-sensitive, depended on the arbitrator's findings of conduct and correspondence which supported his conclusion of deliberate and continued breaches evidencing an intention not to be bound, and the arbitrator's decision was not obviously wrong; the issue was not of general importance and deference to the arbitrator's factual conclusions was required.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused
  • Costs of the application to be paid by MC to SC on an indemnity basis