XCHRX ASSOCIATED ENGINEERS LTD. v. POLLARD CONSTRUCTION CO. LTD.

HCA 5458/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5458 OF 1999

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J U D G M E N T

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Godfrey, J.A. :

1. I am satisfied that there is a genuine dispute here as to which of the parties was responsible for the necessary staging and platform works here under the contractual arrangements made between them. The position is, in my judgment, far from clear and it is not necessary or desirable that I should express any view as to whether the responsibility was that of the plaintiff, or the defendant. There being an arbitration clause in the contract, and the dispute being genuine, the defendant is entitled to have the dispute sent to arbitration.

2. I will therefore dismiss the plaintiff's application for summary judgment and grant the defendant's application for a stay of the action. The costs of the defendant of the two applications are to be taxed and paid by the plaintiff to the defendant.