DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL

DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL

The appeal was allowed because the matter should have been dealt with by the Construction List judge; it was appropriate in the circumstances to appoint Dr John Uff Q.C. under s12 to avoid conflicting awards and to promote expedition and economy; costs of the Originating Summons (including the appeal) were awarded to the Plaintiffs subject to no order as to costs in respect of the hearing before Master Beeson.

Citation
DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL
Parties
Plaintiff (appellant): Dickson Construction Co. Ltd.; Defendant (respondent): The Attorney General for and on behalf of The Hong Kong Government
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 1991
Case Number
HCMP2631/1991
Procedural Posture
Application for Appointment of Arbitrator Under Arbitration Ordinance and Order 73 RSC / Originating Summons Dismissed by Master; Appeal Heard in Chambers by High Court Judge
Outcome
Appeal allowed; appointment of Dr John Uff Q.C. as arbitrator under Section 12 Arbitration Ordinance; costs order made in favour of Plaintiffs except no order as to costs for the hearing before the Master
Legal Topics
Appointment of Arbitrator, Consolidation of Arbitrations, Costs, Construction Contracts, Jurisdiction Under Practice Directions
Source Language
EN
Arbitration Civil Procedure Construction Law Appointment of Arbitrator Consolidation of Arbitrations Costs Construction Contracts Jurisdiction Under Practice Directions

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Parties

Dickson Construction Co. Ltd.

Plaintiff (appellant)

The Attorney General for and on behalf of The Hong Kong Government

Defendant (respondent)

Procedural Posture

Application for Appointment of Arbitrator Under Arbitration Ordinance and Order 73 RSC / Originating Summons Dismissed by Master; Appeal Heard in Chambers by High Court Judge

Legal Issues

  1. 1 Whether the matter should have been heard by the Construction List judge under the Construction List Practice Direction
  2. 2 Whether Dr. John Uff Q.C. should be appointed as arbitrator under Section 12(1) Arbitration Ordinance
  3. 3 Whether multiple arbitrations concerning the same works should be consolidated or coordinated under Section 6B

Ratio Decidendi

The appeal was allowed because the matter should have been dealt with by the Construction List judge; it was appropriate in the circumstances to appoint Dr John Uff Q.C. under s12 to avoid conflicting awards and to promote expedition and economy; costs of the Originating Summons (including the appeal) were awarded to the Plaintiffs subject to no order as to costs in respect of the hearing before Master Beeson.

Court Disposition

Appeal allowed; appointment of Dr John Uff Q.C. as arbitrator under Section 12 Arbitration Ordinance; costs order made in favour of Plaintiffs except no order as to costs for the hearing before the Master

Orders

  • Allow appeal from Master Beeson
  • Under Section 12 of the Arbitration Ordinance appoint Dr John Uff Q.C. as arbitrator