Arbitral Digest

Matter

Getwick Engineers Limited v Pilecon Engineering Limited (High Court of Hong Kong HCA000558/2002)

  1. 28 August 2002Hong Kong

    28 August 2002Hong Kong

    Judgment of the High Court of Hong Kong in the case HCA000558/2002 dated 28 August 2002

    High Court of Hong Kong, Court of First Instance

    Case no.
    HCA000558/2002
    Citation
    HCA000558/2002
    Decision summary
    The court stayed the plaintiff's claims concerning payment certificates, variation works, and additional works, except for HK$115,000 represented by a dishonoured cheque. It granted summary judgment to the plaintiff for HK$115,000, gave liberty to apply on interest, and ordered nisi that the plaintiff pay two-thirds of the defendant's costs, subject to taxation if not agreed.

    Supporting details

    14 authorities · 7 participants
    Application
    Defendant's application for a stay under section 6 of the Arbitration Ordinance — Granted in part; the claims were stayed except for HK$115,000.
    Application
    Plaintiff's application for summary judgment — Granted for HK$115,000.
    Getwick Engineers Limited
    Representative
    Hectar Pun (For: Getwick Engineers Limited)
    Representative
    Spencer Lee & Co. (For: Getwick Engineers Limited)
    Pilecon Engineering Limited
    Representative
    Anson M.K. Wong (For: Pilecon Engineering Limited)
    Representative
    Hui & Lam (For: Pilecon Engineering Limited)
    High Court of Hong Kong, Court of First Instance

    Authorities cited

    14
    • Hong Kong Arbitration Ordinance (Cap. 341)
      statute
    • UNCITRAL Model Law on International Commercial Arbitration, Article 8
      statute
    • Mustill & Boyd: Commercial Arbitration, 2nd Edition
      academic
    • Louis Dreyfus v. Bonarich International (Group) Limited ([1997] 3 HKC 597)
      case-law
    • Tai Hing Cotton Mill Limited v. Glencore Grain Rotterdam BV ([1996] 1 HKC 363)
      case-law
    • Strategic Finance Relations Limited v. Chun Tai Holdings Limited (HCA 7940/2000, unreported, 30 November 2000)
      case-law
    • Peter Leung Construction Company Limited v. Tai Poon Company Limited ([1985] 1 HKC 285)
      case-law
    • Pilecon (Hong Kong) Limited v. Mightyton Limited ([1993] 2 HKLR 435)
      case-law
    • Guangdong Agricultural Company Limited v. Conagra International (Far East) Limited ([1993] 1 HKLR 113)
      case-law
    • Zhan Jiang E & T Development Area Service Head Company v. An Hau Company Limited ([1994] 1 HKC 539)
      case-law
    • F & D Buildings Services Engineering Company Limited v. Chevalier (EM Contracting) Company Limited (Unreported, 23 February 2001)
      case-law
    • Liu Man Wai v. Chevalier (Hong Kong) Limited (Unreported, 29 January 2002)
      case-law
    • Hudson's Building and Engineering Contracts, 11th Edition, Volume 1
      academic
    • Hong Kong Civil Procedure 2002, Volume 1
      academic

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Getwick Engineers Limited v Pilecon Engineering Limited (High Court of Hong Kong HCA000558/2002) · Matter