Hong Kong Case Law: Decisions & Judgments

Topic

Architect's certificates

Legal area

Court

20 Jan 2000

CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO. LTD.

Citation

CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO. LTD.
Court

Court of First Instance
Case number

HCCT107/1999

The court exercised its discretion under s.6B Cap.341, holding that sufficient commonality existed (common contractual terms, interlocking indemnity/set-off claims, common issues of delay/liquidated damages, and a single architect's evidence) and that the application was not premature; accordingly the three arbitrations should be heard together to avoid inefficiency and inconsistent findings, with costs nisi against the 1st and 2nd respondents.
25 Nov 1999

HIP HING CONSTRUCTION CO. LTD. v. HOLYROOD LTD.

Citation

HIP HING CONSTRUCTION CO. LTD. v. HOLYROOD LTD.
Court

Court of First Instance
Case number

HCA15907/1999

Because the Defendant expressly disputed liability and quantum and the arbitration clause was valid and covered the matters in dispute, the court was required to stay both actions and refer them to arbitration under Article 8(1)/s.6; referral to the Architect was not a condition precedent and the Plaintiff bore the burden of proving any unequivocal admission that would oust the right to arbitration.
2 Jul 1998

BOUYGUES S.A. AND ANOTHER v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.

Citation

BOUYGUES S.A. AND ANOTHER v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.
Court

Court of Appeal
Case number

CACV131/1998

The phrase 'the Contract Price' in the payment agreement, read against the contract definition and scheme, refers only to sums payable for performance and completion of the works and does not include sums recoverable on termination under clauses 65.8 and 69.3; accordingly the segregated account did not secure the plaintiffs' termination claims or unpaid certified sums falling due only after termination.
23 Jul 1992

PILECON (HONG KONG) LTD. v. MIGHTYTON LTD.

Citation

PILECON (HONG KONG) LTD. v. MIGHTYTON LTD.
Court

Court of First Instance
Case number

HCA5119/1991

The court held that on construction of the arbitration clause and s.6 Arbitration Ordinance a stay requires an existing dispute at the time the writ was issued; no such dispute existed here so the stay was refused. However, the defendant had raised bona fide albeit not strong triable defences (challenge to practical completion/counterclaim for liquidated damages and alleged over-valuation/overpayment) sufficient to defeat immediate summary judgment. The Master's summary judgment was set aside and conditional leave to defend was granted subject to the defendant paying the full amount claimed i…
10 Jan 1986

YEUNG FAT CONSTRUCTION COMPANY v. HONG KONG AND OVERSEAS DEVELOPMENT COMPANY LIMITED

Citation

YEUNG FAT CONSTRUCTION COMPANY v. HONG KONG AND OVERSEAS DEVELOPMENT COMPANY LIMITED
Court

Court of Appeal
Case number

CACV163/1985

Clause 35(3) of the contract expressly gave the arbitrator power to open up, review and revise certificates, opinions and decisions; therefore the arbitrator was entitled to review the architect's certificates and there was no point of law to justify granting leave to appeal, so the application for leave and the appeal were dismissed.

Hong Kong Case Law

CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO. LTD.

HIP HING CONSTRUCTION CO. LTD. v. HOLYROOD LTD.

BOUYGUES S.A. AND ANOTHER v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.

PILECON (HONG KONG) LTD. v. MIGHTYTON LTD.

YEUNG FAT CONSTRUCTION COMPANY v. HONG KONG AND OVERSEAS DEVELOPMENT COMPANY LIMITED