28 Jan 2013
KITAK MACHINERY ENGINEERING CO LTD v. FIGURE WELL LTD
- Citation
- KITAK MACHINERY ENGINEERING CO LTD v. FIGURE WELL LTD
- Court
- District Court
- Case number
- DCCJ768/2010
The court accepted the plaintiff's evidence as credible and supported by contemporaneous documents (summaries and invoices). Those documents demonstrated that the compromise calculations did not include depot/site office expenses and that the parties, by the terms of the subcontract and their conduct, contemplated depot to include a site office. Therefore the compromise did not discharge the plaintiff's claim for half the depot/site office expenses and the defendant is liable to pay half, being $505,879.64, plus interest and costs.