14 Nov 1996
KWAN LEE CONSTRUCTION CO LTD v. ELEVATOR PARTS ENGINEERING CO LTD
- Citation
- KWAN LEE CONSTRUCTION CO LTD v. ELEVATOR PARTS ENGINEERING CO LTD
- Court
- Court of Appeal
- Case number
- CACV127/1996
Majority held the judge erred by refusing leave without proper regard to the substantive legal issue and extended time to permit a s23(3) notice because the arbitrator's award on interest was arguably bad in law (it rested on an unqualified inference of admission of liability from a payment despite evidence that payment was not unqualified); although 'made and published' ordinarily runs from notification of availability, the court must exercise the extension discretion by reference to the merits where necessary to protect the integrity of arbitration; accordingly the judge's order refusing le…