13 Oct 1988
KO HON MAU t/a KO\'S CONSTRUCTION COMPANY v. THE ATTORNEY GENERAL OF HONG KONG
- Citation
- KO HON MAU t/a KO\'S CONSTRUCTION COMPANY v. THE ATTORNEY GENERAL OF HONG KONG
- Court
- Court of First Instance
- Case number
- HCMP1980/1988
Where a contractor validly serves a Clause 120 termination notice and the notice is not a sham, the contractual provision (Clause 120(2)) operates to revest the constructional plant in the contractor immediately on giving of the notice; the court may determine this preliminary legal question despite a general stay under the arbitration clause and Clause 107 cannot defeat the revestment once the Clause 120 notice has taken effect.