24 Mar 2021
HONG CHUN TAK v. YIP KAN KEE CONTRACTING CO LTD AND OTHERS
- Citation
- [2021] HKDC 352
- Court
- District Court
- Case number
- DCEC849/2017
The court excluded Wat's declaration as hearsay because no exceptional circumstances justified dispensing with oral testimony and service of subpoena was not properly effected; on credibility findings the court accepted AP and Yip and rejected R2's inconsistent and implausible account, held R2 contracted the full renovation works and subcontracted the Work to R1, making R2 a principal contractor under s24 ECO; compensation was awarded in accordance with the unappealed Form 9 and credits deducted; costs allocated as set out.