Hong Kong Case Law: Decisions & Judgments

Topic

Payment claim

Legal area

Court

2 Nov 2010

TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER

Citation

TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER
Court

District Court
Case number

DCCJ5965/2008

Expert Architect report was inadmissible because it lacked proper expert opinion and methodology; absent admissible expert evidence defendants failed to prove alleged defects or remedial costs except for specific concessions; the waiver of B-cabinets was conditional on payment so plaintiff may recover those charges; completion date was determined by the written contractual clause (plans approved in October 2007) making completion in January 2008; plaintiff entitled to net judgment of HKD 36,690 plus interest and to recover costs with indemnity taxation for costs occasioned by the defendants'…
9 Apr 2009

SHUN FAI DECORATION HANDICRAFT CO LTD v. F & F INVESTMENT LTD

Citation

SHUN FAI DECORATION HANDICRAFT CO LTD v. F & F INVESTMENT LTD
Court

Court of First Instance
Case number

HCA1588/2006

The Plaintiff performed the contracted works to a competent standard; expert valuation of the works supports the Plaintiff's invoiced amount; the Defendant denied the Plaintiff the opportunity to remedy alleged defects and therefore cannot set off significant remedial costs; accordingly the Plaintiff is entitled to judgment for the unpaid balance with interest and indemnity costs.
29 Jan 2008

MANDIZARI INTERIOR DESIGN & DECORATION CO LTD v. SIN YIU KEUNG

Citation

MANDIZARI INTERIOR DESIGN & DECORATION CO LTD v. SIN YIU KEUNG
Court

District Court
Case number

DCCJ1405/2006

The court accepted Mr Chu's evidence that Mandizari agreed only to essential works and completed them, rejected Mr Sin's evidence due to lack of documentary and objective support and inconsistent testimony, found proven defect only to the extent of 5% of the contract sum, found the defendant paid only HK$5,000 for mirrors on Mandizari's behalf, awarded Mandizari HK$69,500 plus interest and dismissed the defendant's counterclaim.
24 Jan 2008

CHAN KOON HUNG TONY t/a INDIGO DÉCOR CO v. NALZ & CO LTD t/a LITTLE MISSES & MINI MASTERS

Citation

CHAN KOON HUNG TONY t/a INDIGO DÉCOR CO v. NALZ & CO LTD t/a LITTLE MISSES & MINI MASTERS
Court

District Court
Case number

DCCJ2513/2005

The court found Indigo substantially completed the contracted works within the agreed working periods and completed reasonable follow-up items; Nalz failed to particularise and prove defects or loss with proper evidence (no expert proof for technical defects) and had not concluded any settlement reducing the sum due; therefore Indigo was entitled to the unpaid contractual balance of HK$203,791 plus interest and costs.
26 Jul 2006

CHUNG WAI CHEMICAL LTD v. HING LUN PLASTIC FACTORY LTD

Citation

CHUNG WAI CHEMICAL LTD v. HING LUN PLASTIC FACTORY LTD
Court

District Court
Case number

DCCJ620/2006

The court found the defendant's complaints about quality and non‑compliance credible and that the plaintiff's conduct waived the contractual 7‑day test‑report requirement; consequently genuine triable issues existed and summary judgment and strike‑out were inappropriate, so both summonses were dismissed and the defendant's counterclaim was not struck out.
3 Jan 2006

YIM WING SHING t/a WING SHING ELECTRICAL ENGINEERS v. HOE WAH ENGINEERING SERVICES LTD

Citation

YIM WING SHING t/a WING SHING ELECTRICAL ENGINEERS v. HOE WAH ENGINEERING SERVICES LTD
Court

Court of First Instance
Case number

HCA3188/2001

Plaintiff proved the existence of the oral sub‑subcontract, performance of the specified orders and entitlement to payment; the court allowed the claim but excluded $12,740 identified as tainted by under‑claiming (fraudulent practice), resulting in judgment for the plaintiff in the reduced sum of $5,079,220.84 and an award of costs; defendant's counterclaim was dismissed.
20 Nov 1998

TOPTECH CO. LTD. v. TSE WANG CHEUNG, PETER t/a DELUXE DESIGN & CONTRACTING CO.

Citation

TOPTECH CO. LTD. v. TSE WANG CHEUNG, PETER t/a DELUXE DESIGN & CONTRACTING CO.
Court

Court of First Instance
Case number

HCCT17/1998

Defendant failed to prove any defence or counterclaim based on major defects or causal breach except for an agreed commission; contemporaneous documents and conduct established acceptance or obligation to pay before the writ for the contracts in issue; minor defects did not discharge payment obligations and defendant did not establish causal links for withheld employer monies, prolongation or rectification claims; judgment for plaintiff for HK$4,001,133.56 after commission deduction.

Hong Kong Case Law

TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER

SHUN FAI DECORATION HANDICRAFT CO LTD v. F & F INVESTMENT LTD

MANDIZARI INTERIOR DESIGN & DECORATION CO LTD v. SIN YIU KEUNG

CHAN KOON HUNG TONY t/a INDIGO DÉCOR CO v. NALZ & CO LTD t/a LITTLE MISSES & MINI MASTERS

CHUNG WAI CHEMICAL LTD v. HING LUN PLASTIC FACTORY LTD

YIM WING SHING t/a WING SHING ELECTRICAL ENGINEERS v. HOE WAH ENGINEERING SERVICES LTD

TOPTECH CO. LTD. v. TSE WANG CHEUNG, PETER t/a DELUXE DESIGN & CONTRACTING CO.