29 Nov 2000
HONG KONG HOUSING AUTHORITY v. BANK OF CHINA GROUP INSURANCE CO. LTD.
- Citation
- HONG KONG HOUSING AUTHORITY v. BANK OF CHINA GROUP INSURANCE CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT103/1999
Stay refused because arbitration was effectively stalled, would cause injustice to plaintiff holding an enforceable bond and likely delay enforcement; architect's certificate is not a precondition to the surety's liability under the bond because the bond's terms create an independent obligation; advance release of retention monies pursuant to contract did not discharge the surety, particularly given the bond's express provision waiving release/discharge by alterations or forbearance.