WAI KO E & M ENG CO (a firm) v. INTEGRATED ENGINEERING LTD

WAI KO E & M ENG CO (a firm) v. INTEGRATED ENGINEERING LTD

The court refused summary judgment for the bulk of the claim because there are contested factual issues about whether the alleged variation works were instructed or fell within the original contract that require trial; however the court awarded interim judgment of HKD250,000 because Integrated, by negotiating with...

Source-derived case information.

Citation
WAI KO E & M ENG CO (a firm) v. INTEGRATED ENGINEERING LTD
Parties
Plaintiff: Wai Ko E & M Eng. Co. (a firm); Defendant: Integrated Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 October 2004
Case Number
HCA130/2004
Procedural Posture
Contract Subcontractor Claim for Unpaid Invoices (summary Judgment Application) / Interlocutory Appeal Against Grant of Unconditional Leave to Defend
Outcome
Appeal allowed in part.
Legal Topics
Summary Judgment, Variation Orders, Subcontractor Payment, Leave to Defend, Agency by Negotiation, Interim Judgment, Interest
Source Language
en
Contract Civil Procedure Debt Recovery Agency Evidence Summary Judgment Variation Orders Subcontractor Payment +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Wai Ko E & M Eng. Co. (a firm)

Plaintiff

Integrated Engineering Limited

Defendant

Procedural Posture

Contract Subcontractor Claim for Unpaid Invoices (summary Judgment Application) / Interlocutory Appeal Against Grant of Unconditional Leave to Defend

Legal Issues

  1. 1 Whether Integrated admitted liability by correspondence and negotiations
  2. 2 Whether summary judgment is appropriate for disputed invoices VO-2, VO-3, VO-5 (and VO-6)
  3. 3 Whether Integrated must account for agreed/ex gratia payment of HKD250,000

Ratio Decidendi

The court refused summary judgment for the bulk of the claim because there are contested factual issues about whether the alleged variation works were instructed or fell within the original contract that require trial; however the court awarded interim judgment of HKD250,000 because Integrated, by negotiating with the main contractor on Wai Ko's behalf, acted as agent and must account for that sum.

Court Disposition

Appeal allowed in part.

Orders

  • Interim judgment for the Plaintiff Wai Ko in the sum of HKD250,000.
  • Interest to run on HKD250,000 from date of writ until today at 1% over prime and thereafter at the judgment rate until payment.