CHAN HON WAH v. TAM CHAK KEUNG AND ANOTHER

CHAN HON WAH v. TAM CHAK KEUNG AND ANOTHER

The court held that on true construction clause 3 plainly and unambiguously made the plaintiff\'s entitlement to payment dependent on successful completion of the Project and the transaction amount alone, not on satisfaction of a separate promissory condition in clause 2; defendants failed to raise any credible triable issue of non-performance or defective performance, so summary judgment was justified.

Citation
[2020] HKCFI 1150
Parties
Plaintiff: Chan Hon Wah; 1st Defendant: Tam Chak Keung; 2nd Defendant: Lau Suk Yee Carmen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2020
Case Number
HCA1006/2018
Procedural Posture
High Court Action (appeal From Summary Judgment) / Appeal Under Order 58 R 1 RHC Re Hearing of Master\'s Summary Judgment Order
Outcome
Appeal dismissed; summary judgment for the plaintiff upheld
Legal Topics
Summary Judgment, Contract Construction, Condition Precedent, Performance Obligations, Remedies for Breach
Source Language
EN
Contract Civil Procedure Commercial Law Summary Judgment Contract Construction Condition Precedent Performance Obligations Remedies for Breach

Case Brief

Summary, issues, holding and outcome

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Parties

Chan Hon Wah

Plaintiff

Tam Chak Keung

1st Defendant

Lau Suk Yee Carmen

2nd Defendant

Procedural Posture

High Court Action (appeal From Summary Judgment) / Appeal Under Order 58 R 1 RHC Re Hearing of Master\'s Summary Judgment Order

Legal Issues

  1. 1 Whether clause 3 of the Agreement made the defendants\' payment obligation conditional on the plaintiff\'s performance of clause 2
  2. 2 Whether defendants raised a triable issue that the plaintiff did not perform or performed defectively under clause 2

Ratio Decidendi

The court held that on true construction clause 3 plainly and unambiguously made the plaintiff\'s entitlement to payment dependent on successful completion of the Project and the transaction amount alone, not on satisfaction of a separate promissory condition in clause 2; defendants failed to raise any credible triable issue of non-performance or defective performance, so summary judgment was justified.

Court Disposition

Appeal dismissed; summary judgment for the plaintiff upheld

Orders

  • Appeal dismissed
  • Summary judgment for the plaintiff in favour of Chan Hon Wah upheld