2 May 2002
Consort Engineering Co. Ltd. v. Leung Wai Ying alias Tommy Leung t/a Kin Ming Co.
- Citation
- Consort Engineering Co. Ltd. v. Leung Wai Ying alias Tommy Leung t/a Kin Ming Co.
- Court
- District Court
- Case number
- DCCJ11356/2001
The written sub-contract was an unambiguous back-to-back agreement incorporating the scope of the main contract (clause 13.09); extrinsic oral statements were excluded by the parol evidence rule; accordingly the claims for power supply to the outdoor A/C unit and control wiring for the water booster pump failed as they fell within the subcontracted scope, while the Plaintiff succeeded on the replacement lighting for the toilets because the Defendant had consented and the engineer had given a "no adverse comment"; set-off of an overpayment was allowed and the Defendant's counterclaim was dismi…