MINMETALS CONDO (HONG KONG) ENGINEERING CO LTD v. COLMAT CONSTRUCTION AND ENGINEERING CO LTD

MINMETALS CONDO (HONG KONG) ENGINEERING CO LTD v. COLMAT CONSTRUCTION AND ENGINEERING CO LTD

The Court corrected manifest numerical errors in the judgment to reflect the expert's figures under Order 20 rule 11; accepted the Defendant's sanctioned offer as justifying enhanced interest and indemnity costs after 13 November 2020; ordered Plaintiff to pay 50% of Defendant's costs up to 13 November 2020 and indemnity costs thereafter with interest on those costs at half the enhanced rate; directed a draft judgment order to be filed incorporating undisputed Scott Schedule sums.

Citation
[2021] HKCFI 2591
Parties
Plaintiff (hcct 36) and Defendant (hcct 37): COLMAT CONSTRUCTION AND ENGINEERING COMPANY LIMITED; Defendant (hcct 36) and Plaintiff (hcct 37): MINMETALS CONDO (HONG KONG) ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2021
Case Number
HCCT37/2018
Procedural Posture
Construction and Arbitration Proceedings / Post Judgment Corrections and Costs Determination
Outcome
Errors in the judgment corrected; enhanced interest and indemnity costs awarded to Defendant; costs apportioned as specified; parties directed to lodge draft judgment order
Legal Topics
Variation Claims, Contra Charges, Sanctioned Offer, Interest on Judgment, Indemnity Costs, Correction of Accidental Slips (order 20 Rule 11)
Source Language
EN
Construction Law Arbitration Civil Procedure Costs Variation Claims Contra Charges Sanctioned Offer Interest on Judgment +2 more

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Parties

COLMAT CONSTRUCTION AND ENGINEERING COMPANY LIMITED

Plaintiff (hcct 36) and Defendant (hcct 37)

MINMETALS CONDO (HONG KONG) ENGINEERING COMPANY LIMITED

Defendant (hcct 36) and Plaintiff (hcct 37)

Procedural Posture

Construction and Arbitration Proceedings / Post Judgment Corrections and Costs Determination

Legal Issues

  1. 1 Whether typographical or calculational errors in the judgment should be corrected under Order 20 rule 11 RHC
  2. 2 Proper assessment of sums allowed under the judgment based on expert report
  3. 3 Whether enhanced interest and indemnity costs are appropriate given a sanctioned offer

Ratio Decidendi

The Court corrected manifest numerical errors in the judgment to reflect the expert's figures under Order 20 rule 11; accepted the Defendant's sanctioned offer as justifying enhanced interest and indemnity costs after 13 November 2020; ordered Plaintiff to pay 50% of Defendant's costs up to 13 November 2020 and indemnity costs thereafter with interest on those costs at half the enhanced rate; directed a draft judgment order to be filed incorporating undisputed Scott Schedule sums.

Court Disposition

Errors in the judgment corrected; enhanced interest and indemnity costs awarded to Defendant; costs apportioned as specified; parties directed to lodge draft judgment order

Orders

  • Paragraph 117 corrected to allow sum of HK$14,950 (daily rates as per expert)
  • Paragraph 160 corrected to replace HK$87,328.25 with HK$324,017.50