17 Nov 1988
MORISON, SON & JONES (HONG KONG) LTD. v. YIU WING CONSTRUCTION CO. LTD.
- Citation
- MORISON, SON & JONES (HONG KONG) LTD. v. YIU WING CONSTRUCTION CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV76/1988
The Court held that a plaintiff may bring Order 14 proceedings after pleadings and discovery; delay is a relevant discretionary factor but not fatal per se; the earlier setting aside of the default judgment did not create issue estoppel because no determination on merits was made; plaintiff's evidence established no triable issue on the claim for additional work but there were triable issues on the defence of delay/liquidated damages (claimed $458,000), therefore summary judgment should be varied to allow the defendant to defend to the extent of that set-off and the judgment sum reduced accor…