25 Aug 2023
SIU PANG FAI t/a KAM PANG CIVIL ENGINEERING COMPANY v. CHARMWOOD DEVELOPMENT LTD AND ANOTHER
- Citation
- [2023] HKDC 1168
- Court
- District Court
- Case number
- DCCJ1117/2022
The New Evidence Summons was dismissed because the applicants failed the first Ladd v Marshall condition — the Written CYR Project Agreement could have been obtained with reasonable diligence given the pleadings and earlier affidavits — but, on the substantive stay issue, the court found arbitration agreements in the contracts and that the arbitration clauses are separable; the Updated Settlements and Termination Agreement did not amount to clear and unequivocal admissions of liability and quantum because they were subject to conditions in attached appendices; common factual issues across the…