ARS ENGINEERING LTD v. SKYFORCE ENGINEERING LTD

ARS ENGINEERING LTD v. SKYFORCE ENGINEERING LTD

The court found there are serious disputed issues of fact and law (including applicability of rates, whether joint assessments were provisional, alleged implied terms, and whether payment extinguished claims) that require trial; accordingly both the plaintiff's application for final judgment and the strike out application were dismissed and the matters remain for trial.

Citation
ARS ENGINEERING LTD v. SKYFORCE ENGINEERING LTD
Parties
Plaintiff: ARS Engineering Limited; Defendant: Skyforce Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2016
Case Number
HCA2552/2014
Procedural Posture
Construction Contract Dispute / Interlocutory: Summary Judgment and Strike Out Applications
Outcome
Plaintiff's application for final judgment dismissed; plaintiff's strike out application dismissed; matters ordered to proceed to trial; costs ordered nisi.
Legal Topics
Summary Judgment, Strike Out, Variation Orders, Retention Money, Implied Terms, Rate Book, Final Account, Payment in Full and Final Settlement
Source Language
EN
Civil Construction Contract Civil Procedure Summary Judgment Strike Out Variation Orders Retention Money +4 more

Case Brief

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Parties

ARS Engineering Limited

Plaintiff

Skyforce Engineering Limited

Defendant

Procedural Posture

Construction Contract Dispute / Interlocutory: Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether summary judgment is appropriate given disputed factual and legal issues
  2. 2 Whether the ASD Rate Book or discounted star rate applies to valuation of variation orders
  3. 3 Whether interim joint assessments were provisional (quantities only) or final (including rates)

Ratio Decidendi

The court found there are serious disputed issues of fact and law (including applicability of rates, whether joint assessments were provisional, alleged implied terms, and whether payment extinguished claims) that require trial; accordingly both the plaintiff's application for final judgment and the strike out application were dismissed and the matters remain for trial.

Court Disposition

Plaintiff's application for final judgment dismissed; plaintiff's strike out application dismissed; matters ordered to proceed to trial; costs ordered nisi.

Orders

  • Plaintiff's application for final judgment dismissed.
  • Plaintiff's application to strike out paragraphs 6, 7, 11(2), 18, 23 to 24 and 28 to 32 of the defence dismissed.