Matter
Costain International Ltd. and Pearson Bridge (H.K.) Ltd. v Attorney General (Court of Appeal CACV 22/1983)
- 21 January 1983Hong Kong
21 January 1983Hong Kong
Judgment of the High Court dated 21 January 1983
High Court
- Decision summary
- The High Court granted the Contractors' declarations concerning the withholding of certificates for payment and extension of time, and held that a reference to arbitration under clause 120 could be opened immediately without the Government's consent.
Supporting details
3 participantsCostain International Ltd.
Pearson Bridge (H.K.) Ltd.
The Attorney General
High Court
3 months and 15 days later · 105 days
- 6 May 1983Hong Kong
6 May 1983Hong Kong
Judgment of the Court of Appeal in the case 1983, No. 22 (Civil) dated 6 May 1983
Court of Appeal
- Citation
- CACV 22/1983
- Decision summary
- The Court of Appeal allowed the Attorney General's appeal on the issue before it. It held that the Engineer's written order under clause 65(3), granting 64 days rather than the 92-week extension sought, was not a certificate within clause 120(2), and that the Contractors were not entitled to open arbitration on that dispute before completion or termination of the contract. The majority also held that, alternatively, the reference to a certificate was qualified by clauses 102 and 104; Sir Alan Huggins dissented on that alternative construction.
Supporting details
3 authorities · 10 participantsCostain International Ltd.
- Representative
- Clayton (For: Costain International Ltd. · Pearson Bridge (H.K.) Ltd.)
Pearson Bridge (H.K.) Ltd.
- Representative
- Clayton (For: Costain International Ltd. · Pearson Bridge (H.K.) Ltd.)
The Attorney General
- Representative
- N.T. Kaplan (For: The Attorney General)
- Representative
- P.T. Nunn (For: The Attorney General)
Court of Appeal
- Judge
- Sir Alan Huggins
- Judge
- Leonard
- Judge
- Fuad
Other
- Witness
- Robert Andrew Cochrane