Hong Kong Case Law: Decisions & Judgments

Topic

Contract variations

Legal area

Court

3 Feb 2006

CITIDECO LTD v. DIAMOND TERM LTD

Citation

CITIDECO LTD v. DIAMOND TERM LTD
Court

Court of First Instance
Case number

HCCT33/2005

The court found Ronald Chan had at least apparent authority to bind Diamond; credible contemporaneous evidence established oral agreements that Diamond would pay for testing and the identified variations; therefore Diamond was liable for the unpaid contract balance and the assessed variations, and judgment was entered for the plaintiff with costs and interest.
16 Sept 2005

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD

Citation

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD
Court

District Court
Case number

DCCJ1442/2004

The judge accepted the plaintiff’s evidence that the work described in the five invoices was performed and that the invoices were payable when issued; the defendant’s contrary evidence was not credible and commercial sense supports payment during the project rather than deferral of negotiation, therefore judgment for the plaintiff for $106,250 and costs and interest.
31 Mar 1998

HONG KONG SCAFFOLD BUILDING CONTRACTOR CO. LTD. v. ON LEE GENERAL CONTRACTORS LTD.

Citation

HONG KONG SCAFFOLD BUILDING CONTRACTOR CO. LTD. v. ON LEE GENERAL CONTRACTORS LTD.
Court

Court of First Instance
Case number

HCCT1/1998

The defendant's pleaded defences — that the quotation was not unambiguously incorporated to alter the lump sum obligations and that alleged variations were not authorised by an authorised agent — raised more than insubstantial issues requiring trial; therefore summary judgment must be refused and the defendant granted unconditional leave to defend.
6 Oct 1997

YUI TARK CONTRACTORS LTD v. DAH CHONG HONG LTD

Citation

YUI TARK CONTRACTORS LTD v. DAH CHONG HONG LTD
Court

Court of First Instance
Case number

HCA5554/1997

Where there was no agreement as to the amount by which the contract price should be adjusted for variations at the time the writ was issued, those disputes fall within the arbitration clause and the court should exercise its discretion to stay proceedings as to the variation claims to preserve the parties' bargain.

Hong Kong Case Law

CITIDECO LTD v. DIAMOND TERM LTD

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD

HONG KONG SCAFFOLD BUILDING CONTRACTOR CO. LTD. v. ON LEE GENERAL CONTRACTORS LTD.

YUI TARK CONTRACTORS LTD v. DAH CHONG HONG LTD