12 Mar 2008
SECRETARY FOR JUSTICE v. THE HONG KONG AND YAUMATI FERRY CO LTD AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. THE HONG KONG AND YAUMATI FERRY CO LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV22/2007
The court held that the Government is entitled to have its Part 1 claim assessed but the trial judge's factual findings that the Omitted Items were not consequent upon the Alternative Design (paras 336–337) were unsupported in the record for the range of items contested; furthermore Demand Note 35 as sent did not comply with clause 5 because it lacked sufficient particulars to verify the claimed additional costs, and the matter must therefore be remitted for further assessment and procedural steps to remedy the notice deficiency.