RYODEN ENGINEERING CO. LTD. v. WANG CHONG CONSTRUCTION CO. LTD.

RYODEN ENGINEERING CO. LTD. v. WANG CHONG CONSTRUCTION CO. LTD.

Ryoden established its entitlement to the specified sums by payment certificates, invoices and architect's assessment; Wang Chong failed to produce a credible, contemporaneous or consistent evidentiary basis for its late contra charges or damages and therefore had no arguable defence fit for trial, so final judgment was entered for Ryoden for the claimed sums with interest and costs, and ancillary orders were made including filing deadlines and dismissal of the consolidation application.

Citation
RYODEN ENGINEERING CO. LTD. v. WANG CHONG CONSTRUCTION CO. LTD.
Parties
Plaintiff (1998 No. A22225); Defendant (1999 CT 2 & 28): Wang Chong Construction Company Limited; Defendant (1998 No. A22225); Plaintiff (1999 CT 2 & 28): Ryoden Engineering Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 1999
Case Number
HCCT2/1999
Procedural Posture
Civil — Contract and Construction Payment Dispute; Summary Judgment/order 14 Applications / Judgment on Order 14 Applications; Final Judgment Entered and Consequential Interlocutory Orders Made
Outcome
Final judgment for Ryoden; Wang Chong's defence not a fit case for trial; certain interlocutory claims dismissed or ordered with costs and procedural directions given
Legal Topics
Order 14 Summary Judgment, Interim Payment, Contra Charges, Want of Prosecution, Consolidation, Assessment of Damages
Source Language
EN
Contract Law Construction Law Civil Procedure Application for Summary Judgment Costs and Interest Order 14 Summary Judgment Interim Payment Contra Charges +3 more

Case Brief

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Parties

Wang Chong Construction Company Limited

Plaintiff (1998 No. A22225); Defendant (1999 CT 2 & 28)

Ryoden Engineering Company Limited

Defendant (1998 No. A22225); Plaintiff (1999 CT 2 & 28)

Procedural Posture

Civil — Contract and Construction Payment Dispute; Summary Judgment/order 14 Applications / Judgment on Order 14 Applications; Final Judgment Entered and Consequential Interlocutory Orders Made

Legal Issues

  1. 1 Whether claimant (Ryoden) is entitled to summary judgment under Order 14 for stated sums
  2. 2 Whether defendant (Wang Chong) has an arguable bona fide defence fit for trial to resist summary judgment
  3. 3 Whether Wang Chong's late assertion of contra charges negates earlier payment certificates and representations

Ratio Decidendi

Ryoden established its entitlement to the specified sums by payment certificates, invoices and architect's assessment; Wang Chong failed to produce a credible, contemporaneous or consistent evidentiary basis for its late contra charges or damages and therefore had no arguable defence fit for trial, so final judgment was entered for Ryoden for the claimed sums with interest and costs, and ancillary orders were made including filing deadlines and dismissal of the consolidation application.

Court Disposition

Final judgment for Ryoden; Wang Chong's defence not a fit case for trial; certain interlocutory claims dismissed or ordered with costs and procedural directions given

Orders

  • Final judgment for Ryoden against Wang Chong for HKD 1926032 with interest at 2% over the commercial bank rate from 8 December 1998 until today and at the judgment rate from today until payment
  • Final judgment for Ryoden against Wang Chong for HKD 2293502.25 with interest at 2% over the commercial bank rate from 8 February 1999 until today and at the judgment rate from today until payment