MING KEE CONSTRUCTION CO LTD v. 范奕生

MING KEE CONSTRUCTION CO LTD v. 范奕生

The court found Mr. Fan repudiated the oral agreement and that repudiation was accepted by the plaintiff; Ming Kee lawfully engaged Mr. Lee to complete the remaining works and is entitled to recover $150,000 as extra cost; the claim for management and labour fees failed; the defendant's counterclaim was dismissed;...

Source-derived case information.

Citation
MING KEE CONSTRUCTION CO LTD v. 范奕生
Parties
Plaintiff: Ming Kee; Defendant: Mr. Fan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 May 2012
Case Number
DCCJ444/2011
Procedural Posture
Contract Dispute / Judgment Handed Down (trial)
Outcome
Judgment for the Plaintiff
Legal Topics
Repudiation, Damages, Mitigation, Costs, Interest
Source Language
en
Contract Law Construction Contract Subcontracting Civil Procedure Repudiation Damages Mitigation Costs +1 more

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Summary, issues, holding and outcome

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Parties

Ming Kee

Plaintiff

Mr. Fan

Defendant

Procedural Posture

Contract Dispute / Judgment Handed Down (trial)

Legal Issues

  1. 1 Whether the defendant repudiated the oral subcontract
  2. 2 Who performed the works and who is liable for unpaid balances
  3. 3 Appropriate remedy and measure of damages

Ratio Decidendi

The court found Mr. Fan repudiated the oral agreement and that repudiation was accepted by the plaintiff; Ming Kee lawfully engaged Mr. Lee to complete the remaining works and is entitled to recover $150,000 as extra cost; the claim for management and labour fees failed; the defendant's counterclaim was dismissed; interest and costs awarded to the plaintiff.

Court Disposition

Judgment for the Plaintiff

Orders

  • Judgment for the Plaintiff in the sum of $150,000 together with interest at 8% from date of writ to date of judgment and thereafter at judgment rate until full payment
  • Counterclaim dismissed