TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER

TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER

Expert Architect report was inadmissible because it lacked proper expert opinion and methodology; absent admissible expert evidence defendants failed to prove alleged defects or remedial costs except for specific concessions; the waiver of B-cabinets was conditional on payment so plaintiff may recover those charges; completion date was determined by the written contractual clause (plans approved in October 2007) making completion in January 2008; plaintiff entitled to net judgment of HKD 36,690 plus interest and to recover costs with indemnity taxation for costs occasioned by the defendants' Scott Schedule material.

Citation
TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER
Parties
Plaintiff: Technicom Interiors Design Engineering Ltd; Defendant: Tse Yuet Yi; Defendant: Lam Chuen Chee Peter
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 November 2010
Case Number
DCCJ5965/2008
Procedural Posture
Contract Building/renovation / Judgment (district Court)
Outcome
Judgment for Plaintiff on claim and dismissal in large part of Defendants' counterclaim
Legal Topics
Payment Claim, Defective Workmanship, Variations, Completion Date, Counterclaim, Expert Evidence Admissibility, Waiver, Indemnity Costs
Source Language
EN
Contract Construction Evidence Civil Procedure Costs Payment Claim Defective Workmanship Variations +5 more

Case Brief

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Parties

Technicom Interiors Design Engineering Ltd

Plaintiff

Tse Yuet Yi

Defendant

Lam Chuen Chee Peter

Defendant

Procedural Posture

Contract Building/renovation / Judgment (district Court)

Legal Issues

  1. 1 Whether plaintiff completed works in accordance with the contract and when completion occurred
  2. 2 Whether an oral agreement fixed completion on 7 November 2007
  3. 3 Whether plaintiff validly waived charges for specific cabinets (B-cabinets)

Ratio Decidendi

Expert Architect report was inadmissible because it lacked proper expert opinion and methodology; absent admissible expert evidence defendants failed to prove alleged defects or remedial costs except for specific concessions; the waiver of B-cabinets was conditional on payment so plaintiff may recover those charges; completion date was determined by the written contractual clause (plans approved in October 2007) making completion in January 2008; plaintiff entitled to net judgment of HKD 36,690 plus interest and to recover costs with indemnity taxation for costs occasioned by the defendants' Scott Schedule material.

Court Disposition

Judgment for Plaintiff on claim and dismissal in large part of Defendants' counterclaim

Orders

  • Judgment for Plaintiff for net sum of HKD 36,690.00 (contract balance HKD 68,700.00 less setoffs totaling HKD 32,010.00) with interest at 8% per annum from date proceedings began in the Small Claims Tribunal until judgment rate thereafter
  • Counterclaim dismissed except for limited concessions totalling HKD 32,010.00 allowed against Plaintiff