28 Jun 2005
YEUNG WUT CHIU v. HING CHEONG FURNITURE & DECORATION CO
- Citation
- YEUNG WUT CHIU v. HING CHEONG FURNITURE & DECORATION CO
- Court
- District Court
- Case number
- DCCJ718/2002
The court held the Defendant failed to prove an implied term or trade practice permitting forfeiture of the 10% retention; the receipt did not estop the Plaintiff from claiming the retention; the Defendant proved a deduction by the main contractor for remedial work of HK$19,800 and that amount was allowed as a counterclaim and set off against the Plaintiff's retention claim; the Plaintiff proved entitlement to specified extra works and was awarded payment for those items. Accordingly judgment was entered for the Plaintiff in the net sum determined.