27 Feb 2007
LEE CHAU MOU t/a CHAU MOU ENGINEERING & CO v. KIN SING ENGINEERING (HK) CO LTD
- Citation
- LEE CHAU MOU t/a CHAU MOU ENGINEERING & CO v. KIN SING ENGINEERING (HK) CO LTD
- Court
- Court of First Instance
- Case number
- HCCT3/2006
The court found persistent and substantial delay by the defendant justified termination under the express Clause 5; no implied terms relieving plaintiff of rights under express contractual provisions were implied; the plaintiff validly deducted payments and loans made on defendant's behalf from interim payments by agreement/set-off; plaintiff may recover wages paid to defendant's employees under Part IXA as a debt but may not recover additional legal costs for advice under Part IXA.