31 Jul 2002
DIXIE ENGINEERING CO. LTD. v. DIXIE ENGINEERING CO. LTD.
- Citation
- DIXIE ENGINEERING CO. LTD. v. DIXIE ENGINEERING CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT73/1999
The court accepted Dixie's construction: fluctuations were included in sums certified by the Government paylists and variation deductions were fixed at straight 20% or 29% (not additional to the 36% management fee). The court refused Wing Wo's plea for rectification. On the 1992 Tolo Highway claim the court found an oral agreement to 42% but held Wing Wo's claim for restitution defeated by waiver/promissory estoppel given long acceptance and conduct; accordingly judgment was entered for Dixie in the consolidated actions for net sums due and Wing Wo's separate claim failed.