31 Aug 2007
PROFIT BOAT DEVELOPMENT LTD v. CRAFT PROJECTS (HK) CO LTD
- Citation
- PROFIT BOAT DEVELOPMENT LTD v. CRAFT PROJECTS (HK) CO LTD
- Court
- Court of First Instance
- Case number
- HCCT122/2000
On the balance of probabilities there was no oral or implied joint venture between the parties; contemporaneous documents, conduct (tenders in Defendant's name, communications, meetings, failure to notify main contractor), and witness credibility (preference given to Defendant's witnesses) demonstrate absence of JVA; accordingly Defendant lawfully subcontracted Steelwork to Havens Steel; Plaintiff not entitled to wasted tender costs or contractual loss of profit and claim dismissed.