WHAMPO GARDEN MANAGEMENT LTD 對 SONO ENGINEERING LTD

WHAMPO GARDEN MANAGEMENT LTD 對 SONO ENGINEERING LTD

The High Court held that the invitation to tender was not an offer; the bidder's submitted tender constituted the offer accepted by the claimant's work order, the Small Claims Tribunal's factual finding that the defendant/applicant failed to procure materials complying with the contractual and statutory requirements and therefore breached the contract was not contested on any arguable point of law, and consequently there was no proper legal ground to grant leave under s28, so the application for leave to appeal was refused.

Citation
[2020] HKCFI 346
Parties
Claimant/respondent: WHAMPO GARDEN MANAGEMENT LIMITED; Defendant/applicant: SONO ENGINEERING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2020
Case Number
HCSA57/2018
Procedural Posture
Appeal Under Small Claims Tribunal Ordinance (section 28) / Application for Leave to Appeal to High Court Against Small Claims Tribunal Decision and Review Decision
Outcome
Application for leave to appeal refused
Legal Topics
Tender Formation, Offer and Acceptance, Jurisdiction of Small Claims Tribunal, Leave to Appeal on Point of Law, Illegality/ Statutory Compliance
Source Language
CH
Contract Law Civil Procedure Statutory Appeals Tender Formation Offer and Acceptance Jurisdiction of Small Claims Tribunal Leave to Appeal on Point of Law Illegality/ Statutory Compliance

Case Brief

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Parties

WHAMPO GARDEN MANAGEMENT LIMITED

Claimant/respondent

SONO ENGINEERING LIMITED

Defendant/applicant

Procedural Posture

Appeal Under Small Claims Tribunal Ordinance (section 28) / Application for Leave to Appeal to High Court Against Small Claims Tribunal Decision and Review Decision

Legal Issues

  1. 1 Whether the invitation to tender constituted a legally binding offer or merely an invitation to treat
  2. 2 Whether the appellant (defendant below) was responsible for failure to commence the contracted works
  3. 3 Whether alleged illegality/non-compliance with waterworks regulations raised a question of law suitable for appeal

Ratio Decidendi

The High Court held that the invitation to tender was not an offer; the bidder's submitted tender constituted the offer accepted by the claimant's work order, the Small Claims Tribunal's factual finding that the defendant/applicant failed to procure materials complying with the contractual and statutory requirements and therefore breached the contract was not contested on any arguable point of law, and consequently there was no proper legal ground to grant leave under s28, so the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Application dismissed
  • Leave to appeal refused under s28 Small Claims Tribunal Ordinance