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

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

The judge found the defendant's account of an alleged December 1997 oral agreement implausible and unsupported by contemporaneous documents and witnesses, and that the six contracts were separate with no sufficient nexus for equitable set-off; accordingly there was no realistic prospect of sustaining the defence of set-off, summary judgment was entered for the undisputed sum of $681,921 payable forthwith, the disputed balance of $87,579 was stayed pending resolution of related proceedings, and the disputed quantum on contracts D and F remains triable.

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
HCCT115/1999
Procedural Posture
Construction and Arbitration Proceedings / Order 14 (summary Judgment) Applications; Judgment Given
Outcome
Part judgment for plaintiff for undisputed sum; balance stayed pending related proceedings; judgment sums specified for individual proceedings; leave to amend and certain procedural permissions granted.
Legal Topics
Set Off, Equitable Set Off, Summary Judgment, Quantum, Stay of Execution, Oral Agreement, Affidavit Evidence
Source Language
EN
Construction Law Contract Law Civil Procedure Equitable Set Off Arbitration Proceedings Set Off Summary Judgment Quantum +3 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; Judgment Given

Legal Issues

  1. 1 Whether an oral agreement existed between the parties to set off sums across six contracts
  2. 2 Whether equitable set-off based on a sufficient nexus between the contracts is available
  3. 3 Whether there is a triable issue on quantum in respect of contracts D and F

Ratio Decidendi

The judge found the defendant's account of an alleged December 1997 oral agreement implausible and unsupported by contemporaneous documents and witnesses, and that the six contracts were separate with no sufficient nexus for equitable set-off; accordingly there was no realistic prospect of sustaining the defence of set-off, summary judgment was entered for the undisputed sum of $681,921 payable forthwith, the disputed balance of $87,579 was stayed pending resolution of related proceedings, and the disputed quantum on contracts D and F remains triable.

Court Disposition

Part judgment for plaintiff for undisputed sum; balance stayed pending related proceedings; judgment sums specified for individual proceedings; leave to amend and certain procedural permissions granted.

Orders

  • Leave granted to amend the four Statements of Claim (costs of those amendment summonses to defendant)
  • Leave granted to defendant to file the affirmation of Tang Moon Him dated 18 March 2000 (costs of that application to plaintiff)