16 Jun 2006
Po Kwong was estopped from denying that CF 31 could be opened up, reviewed or revised; the arbitrator should have proceeded on the basis he had power to review CF 31 and the matter is therefore remitted to him to determine to what extent CF 31 should be reopened in light of Chinney's pleaded claims.
16 Feb 2006
The court found there was serious doubt as to the arbitrator's conclusion that CF 31 was final and binding and not open to review because the arbitrator did not properly consider whether CF 31 fell within the exceptions in cl.30(7) or address estoppel; because that doubt could substantially affect the parties' rights the court granted leave to appeal.
12 Oct 1979
The court refused the defendant's application to discharge the interim injunction and to stay proceedings under s.6 because the dispute had been finally settled by a valid final certificate and signed receipts constituting accord and satisfaction, the defendant offered an unsatisfactory excuse for non‑appearance, and on discretionary grounds (including doubts as to arbitrator jurisdiction and availability of legal aid in court) the court concluded no injustice would result from proceeding in court; accordingly the summons was dismissed and costs awarded to the plaintiff.
14 Dec 1968
The court held that the additional excavation necessitated by the rectified plans amounted to extra work payable as a variation; although the architect's Variation Order was not sufficient to estop the Society, the Society (through acceptance and conduct) had effectively adopted the mistake and the contractors were entitled to payment for the additional excavation measured at 300,401 cu.ft. at HKD0.23/cu.ft. and entitled to specified variation sums and extensions; the contractors completed on 13 Sep 1965, were 62 days late under the supplementary agreement, liquidated damages of HKD12,400 wer…