8 Jul 2005
CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD
- Citation
- CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD
- Court
- Court of First Instance
- Case number
- HCCT7/2005
The court held that Calderbank offers are not automatically irrelevant where a payment-in could have been made under Order 73; whether they affect costs is fact-specific and within the arbitrator's discretion. The arbitrator's failure (by reason of the applicant's mistake) to have submissions on Calderbank offers before making a final taxation award amounted to a procedural mishap giving rise to possible injustice. The court therefore had jurisdiction under s.23(2)(b) to grant leave and remit the costs decision to the arbitrator for reconsideration; appeal allowed and award remitted.