LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT

LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT

The court found the contract was a build/procurement contract based on the parties' quotations; the joint single expert established a number of defects attributable to the defendant's workmanship. The court accepted substantially the expert's valuation of remedial work but applied abatements for matters the...

Source-derived case information.

Citation
LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT
Parties
1st Plaintiff: LIU KEITH CHE MING; 2nd Plaintiff: CHAN PO YEE IDA; Defendant: POON CHI SING trading as GOOD VIEW ORNAMENT
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 February 2013
Case Number
DCCJ2421/2010
Procedural Posture
Civil Action Renovation Contract Dispute / Judgment Delivered 8 February 2013
Outcome
Plaintiffs' claim partly allowed in respect of certain remedial contributions; defendant's counterclaim allowed and set off against award; net judgment in favour of defendant for HKD 86,978.99; interest and costs awarded.
Legal Topics
Defective Workmanship, Delay and Causation, Quantum of Damages, Counterclaim and Set Off, Expert Evidence, Mitigation of Loss
Source Language
en
Contract Construction Property Tort (negligence) Civil Procedure Defective Workmanship Delay and Causation Quantum of Damages +3 more

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Parties

LIU KEITH CHE MING

1st Plaintiff

CHAN PO YEE IDA

2nd Plaintiff

POON CHI SING trading as GOOD VIEW ORNAMENT

Defendant

Procedural Posture

Civil Action Renovation Contract Dispute / Judgment Delivered 8 February 2013

Legal Issues

  1. 1 Scope of the contractor's obligations under the quotations and subsequent amendments
  2. 2 Whether the renovation work was defective and attributable to the defendant
  3. 3 Whether there was delay and, if so, whether it was caused by the defendant or by plaintiffs/third parties

Ratio Decidendi

The court found the contract was a build/procurement contract based on the parties' quotations; the joint single expert established a number of defects attributable to the defendant's workmanship. The court accepted substantially the expert's valuation of remedial work but applied abatements for matters the defendant reasonably raised and for plaintiff failures to mitigate and allowed specific contributions to rectification totalling HKD 62,151.01. The defendant's counterclaim for the outstanding contract balance was allowed and set off against the award, resulting in a net judgment on the counterclaim of HKD 86,978.99. Interest and costs were awarded accordingly.

Court Disposition

Plaintiffs' claim partly allowed in respect of certain remedial contributions; defendant's counterclaim allowed and set off against award; net judgment in favour of defendant for HKD 86,978.99; interest and costs awarded.

Orders

  • Award to plaintiffs for contribution to remedial works as assessed and allowed by the court totalling HKD 62,151.01 (subject to set off)
  • Allow defendant's counterclaim for outstanding contract balance and set off against plaintiffs' award leaving judgment on counterclaim of HKD 86,978.99 for the defendant