SUCCESS MARK CONSTRUCTION ENGINEERING LTD. v. WANG ON CONSTRUCTION ENGINEERING LTD.

SUCCESS MARK CONSTRUCTION ENGINEERING LTD. v. WANG ON CONSTRUCTION ENGINEERING LTD.

On analysis of contemporaneous documents, testimony (including that of the defendant's project manager) and parties' conduct, there was no realistic prospect that the alleged December 1997 oral agreement existed and no sufficient nexus between the separate contracts to justify equitable set-off; accordingly summary judgment was entered for the undisputed sum and the disputed balance was left for further determination.

Citation
SUCCESS MARK CONSTRUCTION ENGINEERING LTD. v. WANG ON CONSTRUCTION ENGINEERING LTD.
Parties
Plaintiff: Success Mark Construction Engineering Limited; Defendant: Wang On Construction Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2000
Case Number
HCCT117/1999
Procedural Posture
Construction and Arbitration Proceedings / Order 14 Summary Judgment Applications
Outcome
Part judgment for plaintiff; undisputed sum awarded and balance stayed for resolution; no general stay of execution for judgment sum.
Legal Topics
Set Off, Summary Judgment, Equitable Set Off, Quantum, Stay of Execution, Oral Agreement, Amendment of Pleadings
Source Language
EN
Construction Law Contract Law Civil Procedure Equitable Set Off Set Off Summary Judgment Quantum Stay of Execution +2 more

Case Brief

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Parties

Success Mark Construction Engineering Limited

Plaintiff

Wang On Construction Engineering Limited

Defendant

Procedural Posture

Construction and Arbitration Proceedings / Order 14 Summary Judgment Applications

Legal Issues

  1. 1 Whether an alleged oral agreement to set off debts across six separate contracts was made
  2. 2 Whether equitable set-off could be established by sufficient nexus between the contracts
  3. 3 Whether there were triable issues on quantum in respect of contracts D and F

Ratio Decidendi

On analysis of contemporaneous documents, testimony (including that of the defendant's project manager) and parties' conduct, there was no realistic prospect that the alleged December 1997 oral agreement existed and no sufficient nexus between the separate contracts to justify equitable set-off; accordingly summary judgment was entered for the undisputed sum and the disputed balance was left for further determination.

Court Disposition

Part judgment for plaintiff; undisputed sum awarded and balance stayed for resolution; no general stay of execution for judgment sum.

Orders

  • Leave granted to amend the four statements of claim (four plaintiff summonses) with costs of those summonses to the defendant in any event.
  • Leave granted to defendant to file the affirmation of Tang Moon Him dated 18 March 2000 with costs of that application to the plaintiff in any event.