Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Schedule of rates valuation

Legal area

Court

7 Jul 2021

K. H. FOUNDATIONS LTD v. SZE FUNG ENGINEERING LTD

Citation

[2021] HKCA 970
Court

Court of Appeal
Case number

CAMP222/2020

The Court refused KH's application for leave to appeal because the questions were either not pure questions of law arising out of the award or not of general importance; the Court of First Instance was not plainly wrong in refusing leave because the arbitrator's constructions were within the ambit of the parties' pleadings and not 'obviously wrong' nor 'open to serious doubt', and KH failed to meet the statutory thresholds for leave under Schedule 2 and s14AA Cap 4.
27 Mar 2019

CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND OTHERS v. THE HONG KONG HOUSING AUTHORITY

Citation

[2019] HKCA 369
Court

Court of Appeal
Case number

CACV431/2018

The Court dismissed both appeals: the judge correctly refused leave to appeal the arbitral award because the arbitrator's construction of the Schedule of Rates was not 'obviously wrong' and the matter was a 'one‑off' dispute; the defendant's appeal against the judge's grant of leave to appeal that refusal was incompetent because no further leave under the High Court Ordinance was obtained and there is no statutory basis to appeal the subsequent leave decision under Schedule 2, so the appeal is jurisdictionally defective.