Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interdependent obligations (wages theory)
  • 4 May 2006

    SEKAMURA LTD v. GOLIK CONCRETE LTD

    Citation
    SEKAMURA LTD v. GOLIK CONCRETE LTD
    Court
    District Court
    Case number
    DCCJ441/2004

    Defendant failed to prove the pleaded grounds for withholding payment: (a) the alleged unavailability of Plaintiff was not established and was undermined by evidence of contact and invoices using Plaintiff's contact details; (b) any alleged refusal by KK-MAK did not constitute a breach by the Plaintiff or, in any event, the Defendant did not treat it as a termination of the contract; (c) services under the agreement were payable only upon Defendant's request which Defendant did not prove it made; Plaintiff proved readiness and willingness to perform; accordingly judgment entered for Plaintiff…