Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prolongation costs valuation

  • 22 Mar 1996

    ATTORNEY GENERAL v. SHIMIZU CORPORATION

    Citation
    ATTORNEY GENERAL v. SHIMIZU CORPORATION
    Court
    Court of First Instance
    Case number
    HCMP1169/1995

    The court dismissed the Government's applications for leave to appeal (insufficient strong prima facie legal error) and refused most remission requests, but exercised its s.24 discretion to remit limited matters to the arbitrator: (1) to re-calculate and fix the precise deduction for 5% site overheads (Ground 2) and (2) to reconsider and quantify specified global/quantum matters raised by Shimizu (three identified matters) where the arbitrator had found liability but declined quantification. The court held the arbitrator had jurisdiction to award compound interest and his exercise of discreti…

  • 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…