20 May 2004
HANISON CONSTRUCTION CO LTD v. DIAMOND TERM LTD
- Citation
- HANISON CONSTRUCTION CO LTD v. DIAMOND TERM LTD
- Court
- Court of First Instance
- Case number
- HCA4723/2003
Letter clause 6 only incorporated terms of the Main Contract that related specifically to the subcontract works; Main Contract clause 35 dealt with arbitration between Employer and Main Contractor and was not specifically related to the subcontract works and therefore was not incorporated; accordingly no arbitration agreement existed in the sub-contract and the stay summons was dismissed. On the summary judgment application, material factual disputes existed (notably whether sums were already set off via Interim Payment Certificates and whether set-off defences applied) and those issues could…