9 Jun 2023
POWERTECHNIC LTD v. THE INCORPORATED OWNERS OF MONTE VISTA
- Citation
- [2023] HKDC 750
- Court
- District Court
- Case number
- DCCJ878/2019
The written contracts unequivocally named PL as contractor and the contemporaneous conduct and documents (including payments, demand letters and a 19 Feb 2016 letter acknowledging PL's operation of the project) preclude a finding of mistake of identity; accordingly PL was the contracting party and entitled to enforce the contract for the outstanding instalments and contractual interest (alternative quantum meruit available); the defendant's counterclaim for repayment is dismissed.