CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER

CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER

The plaintiff failed to meet the thresholds for summary judgment or interim payment because the 1st defendant raised bona fide triable issues (interpretation of the 22 Nov 1999 agreement, a credible counterclaim, dispute over management fee reduction including consideration and condition precedent, disputed interim payment deductions, and unquantified further losses) which require trial; accordingly the 1st defendant is granted unconditional leave to defend and the plaintiff's applications are dismissed.

Citation
CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER
Parties
Plaintiff: CONNECTED SUCCESSFUL INVESTMENT LTD; 1st Defendant: SIT KWOK WAI CAROL trading as; 2nd Defendant: CONCOURSE ENGINEERING CO. KEUNG KEE CONSTRUCTION LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2003
Case Number
HCCT102/2002
Procedural Posture
Construction and Arbitration Proceedings; Contractual Dispute / Application for Summary Judgment (o.14) and Interim Payment (o.29); Decision on Leave to Defend
Outcome
Plaintiff's application for summary judgment and interim payment dismissed; 1st defendant granted unconditional leave to defend
Legal Topics
Summary Judgment, Interim Payment, Leave to Defend, Liquidated Damages, Management Fee Dispute, Counterclaim, Pleadings
Source Language
EN
Construction Law Contract Law Civil Procedure Arbitration Summary Judgment Interim Payment Leave to Defend Liquidated Damages +3 more

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Parties

CONNECTED SUCCESSFUL INVESTMENT LTD

Plaintiff

SIT KWOK WAI CAROL trading as

1st Defendant

CONCOURSE ENGINEERING CO. KEUNG KEE CONSTRUCTION LTD

2nd Defendant

Procedural Posture

Construction and Arbitration Proceedings; Contractual Dispute / Application for Summary Judgment (o.14) and Interim Payment (o.29); Decision on Leave to Defend

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment under O.14 or interim payment under O.29
  2. 2 Whether the 1st defendant's counterclaim of HKD 735,013 is sustainable
  3. 3 Interpretation and effect of written agreement dated 22 November 1999

Ratio Decidendi

The plaintiff failed to meet the thresholds for summary judgment or interim payment because the 1st defendant raised bona fide triable issues (interpretation of the 22 Nov 1999 agreement, a credible counterclaim, dispute over management fee reduction including consideration and condition precedent, disputed interim payment deductions, and unquantified further losses) which require trial; accordingly the 1st defendant is granted unconditional leave to defend and the plaintiff's applications are dismissed.

Court Disposition

Plaintiff's application for summary judgment and interim payment dismissed; 1st defendant granted unconditional leave to defend

Orders

  • 1st defendant granted unconditional leave to defend
  • Costs to be paid in the cause