Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Defects in construction

Legal area

Court

10 Mar 2022

HIP HING CONSTRUCTION CO LTD v. HONG KONG AIRLINES LTD

Citation

[2022] HKCFI 622
Court

Court of First Instance
Case number

HCCT72/2021

Defendant has established an arguable set‑off/counterclaim limited to the basement leakage which raises triable issues of attribution and quantum; however, Defendant failed to particularise or credibly evidence the large sums claimed (HK$212m remedial and HK$40m pa training) except for a credible QS estimate of remedial works of HK$21m. Accordingly, summary judgment is entered for the Plaintiff for the outstanding sum save for allowance of HK$21,000,000 to reflect the arguable set‑off; the Defendant bears the burden at trial to establish its counterclaim and set‑off and the court directs furt…
15 Jul 1996

KAM YING HUNG t/a C.T. INTERIOR CONTRACTORS CO. v. DIANE CECILE FREIS

Citation

KAM YING HUNG t/a C.T. INTERIOR CONTRACTORS CO. v. DIANE CECILE FREIS
Court

Court of First Instance
Case number

HCA12067/1995

The appeal is allowed in part: the defendant has not established a bona fide counterclaim or defence sufficient to defeat summary judgment on the evidence before the court, but she should not be shut out; conditional leave to defend is granted provided she pays into court the whole claimed sum within a time to be fixed and costs are determined at a further hearing.