11 Feb 2003
DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
- Citation
- DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
- Court
- Court of Appeal
- Case number
- CACV343/2002
The Court held that clauses 3 and 4 of the written sub-subcontract, properly construed with reference to the main contract paylists, entitled Dixie to payment of fluctuations certified under the main contract after deduction of the agreed management fee; clause 3B on variations did not permit an additional deduction stacked on top of the 36% basic management fee (the 20%/29% applied instead of the 36% in that context); the oral increase to 42% lacked consideration but Wing Wo, having allowed Dixie to retain the extra 4% for many years and given the evidence of reliance and the delay, had waiv…