20 Nov 2000
WENDEN ENGINEERING SERVICES CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.
- Citation
- WENDEN ENGINEERING SERVICES CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT90/1999
The Tomlin (consent) order unambiguously required the defendant to pay the ASD interim payments on a back‑to‑back basis and to release the specified security on the agreed date; clauses permitting reimbursement or set‑off are limited to the specific scenarios in the schedule and do not permit the defendant to withhold the claimed sums pending asserted or speculative claims, therefore the defendant must pay the specified sums while the disputed insurance deduction is reserved for final account determination.