Matter
Attorney General v Shimizu Corporation (Hong Kong Court of Appeal CACV000080A/1996)
- 19 September 1995Arbitration
19 September 1995Arbitration
Fourth Interim Award dated 19 September 1995
- Decision summary
- The award dealt with Shimizu Corporation's delay and disruption claims and other claims submitted for review or determination, and provided for compound interest at monthly rests at prime plus one percent.
Supporting details
1 authority · 3 participants1 year, 3 months and 29 days later · 486 days
- 17 January 1997Hong Kong
17 January 1997Hong Kong
Judgment of the Court of Appeal in the case CACV000080A/1996 dated 17 January 1997
Court of Appeal of Hong Kong
- Citation
- CACV000080A/1996
- Decision summary
- The Court of Appeal allowed the Attorney General's appeals concerning remission of the rubbish removal claim and Shimizu Corporation's three global claims. It directed reconsideration of the rubbish removal claim on the existing material with a direction in effect to dismiss it, discharged the remissions of the phase 2 form work, tower disruption, and additional reinforcement claims, and dismissed the appeal concerning the omitted overtime deduction. It granted leave to appeal on the prolongation-costs, rubbish-removal, and compound-interest issues, while the appeal concerning the arbitrator's jurisdiction to award compound interest was not heard and could be entertained by a differently constituted court.
Supporting details
21 authorities · 11 participantsAttorney General
- Representative
- Richard Fernyhough QC (For: Attorney General)
- Representative
- Teresa Cheng (For: Attorney General)
- Representative
- Denton Hall (For: Attorney General)
Shimizu Corporation
- Representative
- Simon Goldblatt QC (For: Shimizu Corporation)
- Representative
- Peter Clayton (For: Shimizu Corporation)
- Representative
- Malleson Stephen Jaques (For: Shimizu Corporation)
Court of Appeal of Hong Kong
- Judge
- G.P. Nazareth
- Judge
- B. Liu
- Judge
- Simon Mayo
- Date not availableArbitration
Date not availableArbitration
Second Interim Award
- Decision summary
- The award dealt with valuation of variations under clause 73(1)(b), to be assessed by Mr Plumley.
Supporting details
3 participants - Date not availableArbitration
Date not availableArbitration
Third Interim Award
Supporting details
3 participants - Date not availableHong Kong
Date not availableHong Kong
Judgment of Leonard J
High Court of Hong Kong
- Decision summary
- Leonard J dismissed the Attorney General's applications to remit the rubbish removal and omitted overtime matters, ordered remission of Shimizu Corporation's phase 2 form work, tower disruption, and additional reinforcement claims, and refused leave to appeal on the identified prolongation-costs, rubbish-removal, and compound-interest issues.
Supporting details
1 authority · 3 participants - Date not availableHong Kong
Date not availableHong Kong
Judgment of Seagroatt J
High Court of Hong Kong
- Decision summary
- Seagroatt J held that the arbitrator had jurisdiction to order compound interest; the related appeal was not heard by the Court of Appeal and could be entertained by a differently constituted court.
Supporting details
3 participants