28 Nov 2008
SINCERE AIR-CONDITIONING CO LTD v. A. S. WATSON GROUP (HK) LTD t/a FORTRESS
- Citation
- SINCERE AIR-CONDITIONING CO LTD v. A. S. WATSON GROUP (HK) LTD t/a FORTRESS
- Court
- Court of Appeal
- Case number
- CACV84/2008
The judge correctly relied on the factual matrix and unchallenged evidence that the parties contracted on the basis of back-to-back installation and that unit rates for variations were agreed; oral orders given on site with subsequent performance and unchallenged testimony justified awards under invoices 061 and 090; Fortress's attempt to recover contra charges by indemnity failed because no loss had crystallised and plaintiff was not shown to be the source of the deductions.