9 Oct 2003
LEUNG WING KONG t/a KENNETH ENGINEERING CO v. YUEN HUNG WAI t/a TIM LEE CONSTRUCTION CO
- Citation
- LEUNG WING KONG t/a KENNETH ENGINEERING CO v. YUEN HUNG WAI t/a TIM LEE CONSTRUCTION CO
- Court
- District Court
- Case number
- DCCJ15042/2001
The Final Account signed on 7 October 1999 was a legally binding compromise: it was complete and certain, evidenced intention to create legal relations, and was supported by consideration (mutual abandonment of claims and counterclaims). The Plaintiff did not prove duress. The alleged additional works fell within the original contract scope. Therefore the Plaintiff could not recover more than the Final Account amount ($60,285.70); the action was dismissed and the Defendant's counterclaim likewise dismissed.