Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consideration and pre-existing duty
  • 1 Jun 1993

    UBC (CONSTRUCTION) LTD v. SUNG FOO KEE LTD

    Citation
    UBC (CONSTRUCTION) LTD v. SUNG FOO KEE LTD
    Court
    Court of First Instance
    Case number
    HCCT11/1991

    On the facts the court found that (a) oral quotations for the majority of disputed VOs were requested, accepted (expressly or by conduct) and performed and therefore binding despite GCC 18 because SFK waived strict formalities and are estopped from relying on them; (b) dayworks were instructed by SFK and certified contemporaneously and are recoverable under GCC 7; (c) consideration for extra payments existed in commercial benefit to SFK (Williams v Roffey); (d) SCC 5 did not automatically bar adjustment or recovery but did not defeat UBC's established claims; (e) the contractual 2.1288% disco…