18 Nov 2008
ONWAY ENGINEERING LTD v. SHUN WING CONSTRUCTION & ENGINEERING CO LTD
- Citation
- ONWAY ENGINEERING LTD v. SHUN WING CONSTRUCTION & ENGINEERING CO LTD
- Court
- Court of First Instance
- Case number
- HCA88/2008
Court found the plaintiff's cause of action was for a liquidated pecuniary amount (quantum ascertainable from unit rates) but the two confirmation documents did not constitute valid acknowledgments because, when read with underlying accounting records and the surrounding circumstances, they were manifestly and repeatedly prepared incorrectly (showing sums in the wrong box) and were sent when the plaintiff was disputing that the defendant owed it anything; therefore there was no valid s23(3) acknowledgment, the limitation period was not extended, the action was statute-barred and must be struc…