THE INCORPORATED OWNERS OF KIN SANG ESTATE v. PO FAT CONSTRUCTION COMPANY LTD

THE INCORPORATED OWNERS OF KIN SANG ESTATE v. PO FAT CONSTRUCTION COMPANY LTD

Applications by the Contractor were dismissed because the originating summons was an abuse of process for being issued without supporting affidavit and before the award was collected, there were no compelling reasons to extend time, the arbitrator’s findings were within pleaded issues or non‑material, any procedural irregularity would not have affected outcome, and the enforcement order was not vitiated by non‑disclosure; costs awarded to Owners on an indemnity basis with certificate for two counsel.

Citation
THE INCORPORATED OWNERS OF KIN SANG ESTATE v. PO FAT CONSTRUCTION COMPANY LTD
Parties
Claimant / Plaintiff: PO FAT CONSTRUCTION COMPANY LIMITED; Respondent / Defendant: THE INCORPORATED OWNERS OF KIN SANG ESTATE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2013
Case Number
HCCT23/2013
Procedural Posture
Construction and Arbitration Proceedings (enforcement and Set Aside of Arbitration Award) / Judicial Decision (reasons for Decision)
Outcome
All applications by PO Fat dismissed.
Legal Topics
Set Aside Arbitral Award, Leave to Appeal on Question of Law, Serious Irregularity / Breach of Due Process, Enforcement of Arbitration Award as Judgment, Abuse of Process, Costs Indemnity
Source Language
EN
Arbitration Contract Civil Procedure Enforcement of Judgments Set Aside Arbitral Award Leave to Appeal on Question of Law Serious Irregularity / Breach of Due Process Enforcement of Arbitration Award as Judgment +2 more

Case Brief

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Parties

PO FAT CONSTRUCTION COMPANY LIMITED

Claimant / Plaintiff

THE INCORPORATED OWNERS OF KIN SANG ESTATE

Respondent / Defendant

Procedural Posture

Construction and Arbitration Proceedings (enforcement and Set Aside of Arbitration Award) / Judicial Decision (reasons for Decision)

Legal Issues

  1. 1 Whether to grant leave to amend originating summons and admit late affirmation/evidence
  2. 2 Whether to grant leave to appeal on questions of law arising from the arbitral award
  3. 3 Whether to set aside the arbitral award for breach of due process due to alleged unpleaded findings

Ratio Decidendi

Applications by the Contractor were dismissed because the originating summons was an abuse of process for being issued without supporting affidavit and before the award was collected, there were no compelling reasons to extend time, the arbitrator’s findings were within pleaded issues or non‑material, any procedural irregularity would not have affected outcome, and the enforcement order was not vitiated by non‑disclosure; costs awarded to Owners on an indemnity basis with certificate for two counsel.

Court Disposition

All applications by PO Fat dismissed.

Orders

  • Dismissed summons to amend originating summons (HCCT 15/2013)
  • Dismissed application for leave to appeal against the Award