22 Jun 2012
PANG WAI HAK AND ANOTHER v. 華允鑒 AND ANOTHER
- Citation
- PANG WAI HAK AND ANOTHER v. 華允鑒 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT33/2011
The court found the arbitrator's dismissal of the limitation defence on the ground that it had not been pleaded constituted denial of due process because the pleading point was a distinct procedural matter the parties should have had opportunity to address; however the arbitrator gave a separate independent reason (lack of concrete evidence) for rejecting limitation which the court held did not amount to denial of ability to present the case. Because the two reasons were independent and the arbitrator would have reached the same conclusion on the evidence, the court declined to set aside the…