Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set-off for liquidated damages

Legal area

Court

10 Apr 2002

SUMIKIN BUSSAN INTERNATIONAL (HK) LTD. v. THE PRECAST PILING & ENGINEERING CO. LTD. AND ANOTHER

Citation

SUMIKIN BUSSAN INTERNATIONAL (HK) LTD. v. THE PRECAST PILING & ENGINEERING CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA3814/2001

Defendants failed to establish any arguable defence: re-testing showed piles met specification so no causative breach; defendants did not particularise or prove causal link between alleged defect and claimed liquidated damages; alleged duress was not credible and amounted to ordinary commercial pressure; guarantee remained in force; therefore summary judgments were properly entered and the appeals must be dismissed.
23 Jul 1992

PILECON (HONG KONG) LTD. v. MIGHTYTON LTD.

Citation

PILECON (HONG KONG) LTD. v. MIGHTYTON LTD.
Court

Court of First Instance
Case number

HCA5119/1991

The court held that on construction of the arbitration clause and s.6 Arbitration Ordinance a stay requires an existing dispute at the time the writ was issued; no such dispute existed here so the stay was refused. However, the defendant had raised bona fide albeit not strong triable defences (challenge to practical completion/counterclaim for liquidated damages and alleged over-valuation/overpayment) sufficient to defeat immediate summary judgment. The Master's summary judgment was set aside and conditional leave to defend was granted subject to the defendant paying the full amount claimed i…