Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Disruption

  • 22 Mar 1996

    ATTORNEY GENERAL v. SHIMIZU CORPORATION

    Citation
    ATTORNEY GENERAL v. SHIMIZU CORPORATION
    Court
    Court of First Instance
    Case number
    HCMP2892/1995

    The Court refused leave to appeal on the principal legal grounds because no strong prima facie error was shown and the matters would not materially clarify Hong Kong commercial law; remission under s.24 was granted only where there was procedural unfairness or an inadvertent unfinished task by the arbitrator (site overheads deduction and specified Shimizu quantification issues), but otherwise the Court declined to re-open factual findings or correct ordinary arbitral errors. The arbitrator may reserve decisions, invite further submissions and correct oversights; only limited remissions were w…

  • 22 Mar 1996

    ATTORNEY GENERAL v. SHIMIZU CORPORATION

    Citation
    ATTORNEY GENERAL v. SHIMIZU CORPORATION
    Court
    Court of First Instance
    Case number
    HCMP2895/1995

    The Court dismissed the Government's applications for leave to appeal on the valuation of prolongation and on the arbitrator's exercise of discretion to award compound interest (no strong prima facie case of legal error); most of the Government's remission grounds failed because they amounted to disputes about factual or accounting judgments or were not exceptional so as to override finality; however the Court found sufficient basis to remit limited matters to the arbitrator — (1) to determine properly the deduction for 5% site overheads paid under variations for items 1A-1 and 1A-2 and (2) o…