Hong Kong Case Law

23 Nov 2018

置利工程有限公司 對 盈高建築工程有限公司

Citation

[2018] HKDC 1453

Court

District Court

Case number

DCCJ2837/2016

The court accepted the plaintiff's evidence and rejected the defendant's; the defendant failed to call and produce evidence from its key project manager and related records, so no reliable evidence supported the alleged oral agreement, implied terms or estoppel, nor the asserted rectification costs. Consequently the defendant was liable to pay HK$845,364.70 together with interest and costs.

• Variation works
• Oral agreement and implied terms
• Certification of payment by project manager
• Estoppel and unconscionability
• Credibility and adverse inference for failure to call witness
• Interest on judgment