DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD

DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD

Because the defendant failed to produce any credible or documentary evidence of a triable defence, admitted receipt of payments which it intentionally withheld from the plaintiff, and the plaintiff proved completion of work and valid invoices, summary judgment was entered for the plaintiff for $182,781.00 with interest and costs.

Citation
DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD
Parties
Plaintiff: DMA Solutions Ltd; Defendant: Alfacom Solutions Ltd
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 2005
Case Number
DCCJ1774/2005
Procedural Posture
Civil Action (debt Claim) / Order 14 Summary Judgment Hearing (summary Judgment Stage)
Outcome
Summary judgment entered for the Plaintiff.
Legal Topics
Summary Judgment, Breach of Contract, Withholding Payments, Evidence and Proof, Interest on Judgment
Source Language
EN
Contract Civil Procedure Debt Recovery Commercial Law Summary Judgment Breach of Contract Withholding Payments Evidence and Proof +1 more

Case Brief

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Parties

DMA Solutions Ltd

Plaintiff

Alfacom Solutions Ltd

Defendant

Procedural Posture

Civil Action (debt Claim) / Order 14 Summary Judgment Hearing (summary Judgment Stage)

Legal Issues

  1. 1 Whether the defendant has a bona fide, triable defence to resist summary judgment for debt
  2. 2 Whether alleged oral terms (supply of source/program codes) and alleged failure to inform progress constitute a defence
  3. 3 Whether client complaints justified the defendant withholding payment

Ratio Decidendi

Because the defendant failed to produce any credible or documentary evidence of a triable defence, admitted receipt of payments which it intentionally withheld from the plaintiff, and the plaintiff proved completion of work and valid invoices, summary judgment was entered for the plaintiff for $182,781.00 with interest and costs.

Court Disposition

Summary judgment entered for the Plaintiff.

Orders

  • Judgment for the Plaintiff in the sum of $182,781.00.
  • Interest at 5% per annum from the date of the Writ to 9 September 2005 and 8% per annum from 9 September 2005 until payment is made.