6 Dec 2012
SUNYARDS ENGINEERING LTD v. NEWELL CURTAIN WALL & ENGINEERING CO LTD
- Citation
- SUNYARDS ENGINEERING LTD v. NEWELL CURTAIN WALL & ENGINEERING CO LTD
- Court
- Court of First Instance
- Case number
- HCA1361/2010
Clause 6 of the letter of acceptance established a condition precedent that the subcontract would only become effective upon mock‑up approval by the Architect and Po Lin Monastery; the mock‑up was not approved, the defendant failed to comply with contractual obligations (notably fabrication drawings, quality control and required testing) and was principally to blame for the failure to obtain approval; accordingly no fully operative subcontract obligations arose and the plaintiff is entitled to restitution of advance payments in the sum net HK$987,825.29; the defendant's counterclaim is dismis…