Hong Kong Case Law

CHEN, JIONGFA及另一人 對 珞雅室內設計工程有限公司

Court

District Court

Case number

DCCJ4200/2022

Because the defendant failed to file witness statements or attend trial, the court disregarded any defendant evidence, accepted the unchallenged testimony and expert report of the plaintiffs as credible, found breaches including failure to exercise reasonable skill and delay, but limited damages to the amounts particularised in the statement of claim; awarded HKD1,097,332.00 plus prescribed interest and costs to the plaintiffs.

Source excerpt

• Breach of contract
• Damages assessment
• Implied terms (reasonable skill and care)
• Expert evidence
• Default/absence at trial

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CHEN GUOXI v. HUMANIZED DESIGN LTD

Court

District Court

Case number

DCCJ2048/2023

Assessment of damages in a renovation contract dispute. The court awarded the plaintiff HK$293,521.4 plus interest and costs, but disallowed the rental-loss claim.

• Breach of contract
• Mitigation
• Assessment of damages
• Restitution for unperformed items
• Interest and costs
• Breach-of-contract

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KONG WAI LUN 對 CHEN XIONGJIANG及另二人

Court

District Court

Case number

DCEC30/2023

On the totality of the evidence the applicant was a day-rate employee of the first or third respondents (and the second respondent as the main contractor was liable under s.24(1) of the Employees' Compensation Ordinance). The provision or non-provision of specific tools did not preclude employment where fixed daily pay, lack of commercial risk and degree of control over daily tasks established an employment relationship; accordingly statutory compensation was payable as calculated by the court.

Source excerpt

• Employment status
• Control test
• Vicarious liability
• Compensation assessment
• Medical evidence
• Witness credibility

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GOOD ENGINEERING LTD v. TALENT MARK DEVELOPMENT LTD

Court

District Court

Case number

DCCJ776/2019

A construction subcontract dispute over unpaid invoices and counterclaims. The court found no back-to-back payment term, but upheld the completion time limit and set off the parties’ claims.

• Breach of contract
• Subcontracting
• Completion time
• Payment terms
• Back-to-back payment
• Implied terms

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HANG CHIN MARBLE ENGINEERING LTD v. PACIFIC MARBLE & GRANITE LTD

Court

Court of First Instance

Case number

HCCT9/2019

Court held an oral subcontract existed at square-foot rates, found the later written contract did not fully record the deal, and largely rejected the defendant’s deductions.

• Oral agreement vs written contract
• Formation and recording of contract
• Quantum of payment
• Contra charges/deductions
• Novation
• Burden of proof

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CS v. HKR

Court

Court of First Instance

Case number

HCCT72/2024

The Court of First Instance refused leave to appeal from an arbitral award, holding that the proposed grounds were factual, mixed, or not issues the tribunal was asked to decide.

• Leave to appeal
• Interpretation of contract
• Quantum assessment
• Double recovery
• Environmental permit compliance
• Expert evidence

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CHU CHEUNG CHEUNG AND ANOTHER v. THE INCORPORATED OWNERS OF PROVIDENT CENTRE No 21-53 WHARF ROAD, NORTH POINT, HONG KONG AND OTHERS

Court

District Court

Case number

DCCJ244/2021

A District Court water leakage case where the court held the leak came from the water tank house walls, not the contractor’s roof works, and awarded damages to the plaintiffs.

• Nuisance
• Negligence
• Breach of statutory duty
• Duty to maintain common parts
• Mitigation
• Contribution/indemnity

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TUNG PO DECORATION ENGINEERING LTD v. GREAT BRIGHT ENGINEERING LTD

Court

District Court

Case number

DCCJ4853/2020

Construction payment dispute over fitting-out works, substantial performance, and a counterclaim for repudiatory damages. The court awarded the plaintiff a net sum after set-off.

• Substantial performance
• Repudiation
• Retention money
• Payment applications (paf)
• Assessment of quantum
• Failure to call witness

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譚智華 對 楊國聰經營新寶燈飾裝修工程公司

Court

Court of First Instance

Case number

HCSA13/2024

Leave to appeal was refused because the applicant failed to demonstrate any legal error: the contested matters were factual credibility determinations within the Tribunal's province and were supported by evidence (receipts, messages and timing of photographs); the Tribunal's findings were not irrational or perverse.

Source excerpt

• Leave to appeal
• Credibility findings
• Jurisdictional limits
• Remedies for defective workmanship

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LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

Court

District Court

Case number

DCCJ5742/2019

The District Court found the renovation contractor liable for defective works and water seepage in a Sai Kung house, and ordered repayment of supervision fees.

• Defective renovation
• Water seepage
• Loss of enjoyment
• Expert evidence
• Variation orders
• Damages assessment

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