ASIA ROCK ART LTD. v. W. HING CONSTRUCTION CO. LTD.

ASIA ROCK ART LTD. v. W. HING CONSTRUCTION CO. LTD.

Leave to appeal was refused because the disputed entitlement under clause 29 did not raise a question of law suitable for appellate determination under s.23 and, applying the PT Dover test, the arbitrator's reasoning was not obviously wrong on the face of the award; the issues were primarily factual or...

Source-derived case information.

Citation
ASIA ROCK ART LTD. v. W. HING CONSTRUCTION CO. LTD.
Parties
Claimant (respondent): Asia Rock Art Limited; Respondent (appellant): W. Hing Construction Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2000
Case Number
HCCT10/2000
Procedural Posture
Arbitration Leave Application Under Arbitration Ordinance / Decision on Application for Leave to Appeal (s.23)
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Implied Terms, Breach of Contract, Contractual Certification, Damages, Finality of Arbitral Awards, PT Dover Test, Section 23 Arbitration Ordinance
Source Language
en
Arbitration Contract Law Construction Law Civil Procedure Leave to Appeal Implied Terms Breach of Contract Contractual Certification +4 more

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Summary, issues, holding and outcome

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Parties

Asia Rock Art Limited

Claimant (respondent)

W. Hing Construction Co. Ltd.

Respondent (appellant)

Procedural Posture

Arbitration Leave Application Under Arbitration Ordinance / Decision on Application for Leave to Appeal (s.23)

Legal Issues

  1. 1 Whether the arbitrator erred in implying a term obliging the contractor to give possession and access to the site
  2. 2 Whether the arbitrator erred in finding the contractor breached the alleged implied term
  3. 3 Whether the claimant was precluded from recovering losses under clause 29(b) and (c) for failure to submit a claim under clause 22 and obtain certification by the engineer

Ratio Decidendi

Leave to appeal was refused because the disputed entitlement under clause 29 did not raise a question of law suitable for appellate determination under s.23 and, applying the PT Dover test, the arbitrator's reasoning was not obviously wrong on the face of the award; the issues were primarily factual or contract‑specific and finality of the arbitral award must be respected.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal against the Second Interim Award dated 12 January 2000 refused
  • Costs of resisting the application awarded to the respondent, to be taxed if not agreed