潘景鴻 v. LEUNG TAK SING, PETER t/a ARCHINTERIORS

潘景鴻 v. LEUNG TAK SING, PETER t/a ARCHINTERIORS

The court accepted the joint experts' valuation (adjusted for items not proved) and rejected the alleged 5% discount for lack of evidence, held defendant liable for HK$617,050 less prior payment of HK$400,000, awarding plaintiff HK$217,050; defendant's counterclaim for HK$181,000 for delay was dismissed for insufficient proof of delay and causation.

Citation
潘景鴻 v. LEUNG TAK SING, PETER t/a ARCHINTERIORS
Parties
Plaintiff: Poon; Defendant: Leung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2014
Case Number
DCCJ4446/2011
Procedural Posture
Contract Dispute (renovation Works) / Trial Judgment
Outcome
Judgment entered for plaintiff; defendant ordered to pay plaintiff HK$217,050; defendant's counterclaim dismissed.
Legal Topics
Breach of Contract, Variation, Quantum, Delay, Counterclaim, Expert Valuation, Oral Discount Agreement
Source Language
EN
Contract Construction Civil Litigation Breach of Contract Variation Quantum Delay Counterclaim +2 more

Case Brief

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Parties

Poon

Plaintiff

Leung

Defendant

Procedural Posture

Contract Dispute (renovation Works) / Trial Judgment

Legal Issues

  1. 1 Amount payable under three invoices
  2. 2 Existence and effect of alleged 5% discount
  3. 3 Whether HK$400,000 paid satisfied liability after any discount

Ratio Decidendi

The court accepted the joint experts' valuation (adjusted for items not proved) and rejected the alleged 5% discount for lack of evidence, held defendant liable for HK$617,050 less prior payment of HK$400,000, awarding plaintiff HK$217,050; defendant's counterclaim for HK$181,000 for delay was dismissed for insufficient proof of delay and causation.

Court Disposition

Judgment entered for plaintiff; defendant ordered to pay plaintiff HK$217,050; defendant's counterclaim dismissed.

Orders

  • Judgment entered against the defendant for HK$217,050 payable to the plaintiff
  • Interest on the judgment sum at judgment rate from date of writ of summons until payment