Hong Kong Case Law: Decisions & Judgments

Topic

Construction contracts

Legal area

Court

16 Jul 2010

WINLY ADVANCE CO LTD v. CHUNG TIN SUNG AND ANOTHER

Citation

WINLY ADVANCE CO LTD v. CHUNG TIN SUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA2476/2007

The court allowed the plaintiff's re-amendments as revised because the substance of the direct claim against the 1st defendant was already pleaded and the amendment did not introduce a new cause of action; however paragraph 17A(i) seeking conveyance of the whole house was disallowed as overbroad. The 1st defendant was granted leave to amend its defence within seven days and may pursue limited discovery if necessary.
12 Dec 1991

DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL

Citation

DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP2631/1991

The appeal was allowed because the matter should have been dealt with by the Construction List judge; it was appropriate in the circumstances to appoint Dr John Uff Q.C. under s12 to avoid conflicting awards and to promote expedition and economy; costs of the Originating Summons (including the appeal) were awarded to the Plaintiffs subject to no order as to costs in respect of the hearing before Master Beeson.
30 Mar 1990

WONG LEUNG TAK v. WONG LEE (BROTHERS) TRANSPORTATION CO. LTD. AND ANOTHER

Citation

WONG LEUNG TAK v. WONG LEE (BROTHERS) TRANSPORTATION CO. LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV151/1989

On the facts the Court held the delivery/unloading of steel was part of the work undertaken by the principal contractor within s.24; s.24 confers an additional remedy so the employee may join both employer and principal contractor and both are severally liable; the principal contractor is entitled to an indemnity under s.24(2) (absolute in substance) and may obtain indemnity without prior written third-party notice where the statutory notice regime has been observed, but any claim by the employer under s.25(1)(b) must be pursued by separate civil proceedings in the High Court or District Cour…
13 Oct 1988

KO HON MAU t/a KO\'S CONSTRUCTION COMPANY v. THE ATTORNEY GENERAL OF HONG KONG

Citation

KO HON MAU t/a KO\'S CONSTRUCTION COMPANY v. THE ATTORNEY GENERAL OF HONG KONG
Court

Court of First Instance
Case number

HCMP1980/1988

Where a contractor validly serves a Clause 120 termination notice and the notice is not a sham, the contractual provision (Clause 120(2)) operates to revest the constructional plant in the contractor immediately on giving of the notice; the court may determine this preliminary legal question despite a general stay under the arbitration clause and Clause 107 cannot defeat the revestment once the Clause 120 notice has taken effect.
25 May 1978

LEE FUNG REALTY LTD v. JAMES WOO CONSTRUCTION CO LTD

Citation

LEE FUNG REALTY LTD v. JAMES WOO CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCA1048/1975

The plaintiff was in fundamental breach for failing to deliver possession by 30 June 1973; the interim certificates and payments did not transfer title or a right to possession because the materials were not delivered to the site; the defendant validly terminated the contract on 14 December 1973 and is entitled to damages (loss of profit and part performance expenses) with the admitted credit of HKD 269,506.70 to be taken into account.

Hong Kong Case Law

WINLY ADVANCE CO LTD v. CHUNG TIN SUNG AND ANOTHER

DICKSON CONSTRUCTION CO. LTD. v. ATTORNEY GENERAL

WONG LEUNG TAK v. WONG LEE (BROTHERS) TRANSPORTATION CO. LTD. AND ANOTHER

KO HON MAU t/a KO\'S CONSTRUCTION COMPANY v. THE ATTORNEY GENERAL OF HONG KONG

LEE FUNG REALTY LTD v. JAMES WOO CONSTRUCTION CO LTD