Maeda Corporation, Hitachi Zozen Corporation, Yokogawa Bridge Corporation, Hsin Chong Construction Co Ltd T/a Maeda-hitachi-yokogawa- Hsin Chong Joint Venture v Hksar

CourtCourt of Final Appeal (Hong Kong)
Judgment Date24 Sep 2013
Judgement NumberFAMV8/2013
SubjectMiscellaneous Proceedings (Civil)
FAMV8/2013 MAEDA CORPORATION, HITACHI ZOZEN CORPORATION, YOKOGAWA BRIDGE CORPORATION, HSIN CHONG CONSTRUCTION CO LTD t/a MAEDA-HITACHI-YOKOGAWA- HSIN CHONG JOINT VENTURE v. HKSAR

FAMV No. 8 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 230 OF 2011)

____________________

BETWEEN

MAEDA CORPORATION, HITACHI ZOZEN CORPORATION, YOKOGAWA BRIDGE CORPORATION, HSIN CHONG CONSTRUCTION COMPANY LIMITED trading as MAEDA-HITACHI-YOKOGAWA-HSIN CHONG JOINT VENTURE Applicant
and
THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

____________________

Appeal Committee : Mr Justice Chan Acting CJ, Mr Justice Tang PJ and Mr Justice Bokhary NPJ
Date of Hearing : 24 September 2013
Date of Determination : 24 September 2013

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Chan Acting CJ :

1. In this application for leave to appeal, the applicant raises the same questions of law as those raised in the lower courts. The same arguments have been made with equal force and clarity by Mr Westbrook SC (who did not appear in the courts below) for the applicant. However, these submissions had been convincingly disposed of by the Court of Appeal. We are satisfied that the Court of Appeal was clearly right in concluding that there was no doubt that the Arbitrator was correct in his decision. The application for leave to appeal is accordingly dismissed with costs on an indemnity basis.

(Patrick Chan)
Acting Chief Justice
(Robert Tang)
Permanent Judge
(Kemal Bokhary)
Non-Permanent Judge

Mr Simon Westbrook, SC instructed by Holman Fenwick Willan, for the Applicant

Mr Andrew Goddard, QC and Mr Jose-Antonio Maurellet instructed by Stephenson Harwood for the Respondent

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