Hong Kong Case Law: Decisions & Judgments

Topic

Quantum of payment

Legal area

Court

27 Jan 2025

HANG CHIN MARBLE ENGINEERING LTD v. PACIFIC MARBLE & GRANITE LTD

Citation

[2025] HKCFI 480
Court

Court of First Instance
Case number

HCCT9/2019

Court concluded on balance that an oral agreement existed with rates $84/sqft (dry) and $50/sqft (wet); the written Contract was signed later and did not accurately record those rates. Court rejected Defendant's claim that $2,080,000 of the KW Payment related to the Project. Most Plaintiff additional/omitted claims were not proved and were disallowed; certain claims were allowed (skirting/cornice balance and limited contra charges for damaged marble and forklift hire). Defendant ordered to pay costs on a nisi basis and parties to submit final assessment for sealing of judgment.
19 Mar 2024

CHAN WOON WAH t/a NGAI HING DECORATION COMPANY v. WONG CHI PING

Citation

[2024] HKDC 422
Court

District Court
Case number

DCCJ602/2019

On the balance of probabilities the parties entered into the Revised Oral Agreement evidenced by contemporaneous WhatsApp communications, handwritten lists and an invoice; the Defendant made unconditional payments totalling HK$473,000 pursuant to that agreement and remains liable for the outstanding HK$100,000; the Defendant's counterclaims fail for lack of credible, tested evidence and causation and are dismissed.
19 Apr 2021

CHEUNG KWOK KEUNG t/a WAI PAK IRON WORK CO v. CHEUNG KWOK HUNG t/a KWOK HUNG IRON WORK

Citation

[2021] HKDC 464
Court

District Court
Case number

DCCJ4654/2018

Claimant failed to discharge the burden of proving his re-measurement assessment; in absence of adequate evidence the court adopted defendant's assessment to meet justice. The court found the alleged 15% profit retention and alleged 10% DLP trade practice were not proven and rejected defendant's deductions; the alleged unfulfilled works were outside the contract scope; there was no agreement between plaintiff and the principal contractor to complete within 60 days and no liability for indemnity or delay. Consequently judgment entered for plaintiff for the balance of HK$334,312.81 plus interes…
30 Nov 2015

YU HON MOON t/a SUNSHINE CONSTRUCTION CO v. YUANDA CURTAIN WALL (HONG KONG) LTD

Citation

YU HON MOON t/a SUNSHINE CONSTRUCTION CO v. YUANDA CURTAIN WALL (HONG KONG) LTD
Court

District Court
Case number

DCCJ3372/2013

The claimant failed to prove Yuanda accepted or agreed to the quoted terms; Seto had no authority to bind Yuanda and Sunshine did not plead contract by conduct or agency; documentary evidence and the pervasive involvement of Tai Kei support the finding that Sunshine was Tai Kei's subcontractor, not contracted to Yuanda. Therefore no contract existed between Yuanda and Sunshine and the claim is dismissed.
16 Sept 2005

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD

Citation

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD
Court

District Court
Case number

DCCJ1442/2004

The judge accepted the plaintiff’s evidence that the work described in the five invoices was performed and that the invoices were payable when issued; the defendant’s contrary evidence was not credible and commercial sense supports payment during the project rather than deferral of negotiation, therefore judgment for the plaintiff for $106,250 and costs and interest.
31 Jul 2002

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 First Instance
Case number

HCCT102/1999

The court preferred the plaintiff's (Dixie) evidence and held that on proper construction, having regard to the contractual text and factual matrix and consistent historical payments, fluctuations were included and variation deductions were straight 20% or 29% (not cumulative after the 36% management fee); rectification was refused because convincing proof was lacking and consistent conduct over years supported the written contract as performed; in the earlier Tolo Highway matter long acquiescence and conduct amounted to waiver (and equitable bars) so Wing Wo could not recover the alleged sho…
29 Jan 2001

BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.

Citation

BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.
Court

Court of First Instance
Case number

HCA14474/1996

The court accepted that the quoted contract sum and certain payment terms were acted upon and therefore payable; there was no concluded agreement on a 12-month defect liability period so a reasonable implied period of three months applied; Lawson's assessment supported limited awards for overtime ($192,000) and additional works ($27,806); the defendant failed to prove the claimed remediation costs and loss of goodwill on the balance of probabilities; the Kingswood mock-up was a joint venture and costs are to be shared, resulting in judgment for the plaintiff for $1,169,294.75, dismissal of th…
27 Jan 1999

UNITED MARBLE CO. LTD. v. SOUNDWILL INVESTMENT LTD.

Citation

UNITED MARBLE CO. LTD. v. SOUNDWILL INVESTMENT LTD.
Court

Court of First Instance
Case number

HCCT19/1998

United Marble was entitled to judgment for the claimed sums because Soundwill prevented the architect's certification and had breached the contract before the writ; the liquidated damages claim was a penalty and unenforceable; the granite cladding met the contractual and reasonable workmanship standard given natural variation and Soundwill failed to prove breach, so the counterclaim failed.