Hong Kong Case Law: Decisions & Judgments

Topic

Termination of building contract

Legal area

Court

29 Oct 1986

SAM YU CONSTRUCTION CO (suing as a firm) v. WINNING GODOWN LTD.

Citation

SAM YU CONSTRUCTION CO (suing as a firm) v. WINNING GODOWN LTD.
Court

Court of First Instance

The court refused to restrain the defendant's power to dismiss the contractor absent unusual inequitable circumstances, but granted a limited interim injunction to preserve the intended plaintiff's records, documents and physical property on site because there was prima facie evidence of imminent risk of loss or damage.
2 Jun 1969

YEE SANG METAL SUPPLIES CO v. TAK MING CO LTD

Citation

YEE SANG METAL SUPPLIES CO v. TAK MING CO LTD
Court

Court of Appeal
Case number

CACV2/1969

The owner's letter of 9 February 1965 constituted a separate binding promise to pay the subcontractor for R.C.C. work already completed and covered by architect's certificates in the event the principal contractor was ousted and the subcontractor was not permitted to finish; this obligation did not equate to assuming all of the principal contractor's liabilities under the subcontract.
3 Jan 1969

YEE SANG METAL SUPPLIES CO v. DEFAG CONSTRUCTION CO AND ANOTHER

Citation

YEE SANG METAL SUPPLIES CO v. DEFAG CONSTRUCTION CO AND ANOTHER
Court

Court of First Instance
Case number

HCA2212/1966

The 2nd defendant's letter of 9 February 1965, read in its context and by its ordinary meaning, created a direct contractual obligation by the owner to pay the plaintiffs for the steelwork done on the site against the architect's certificates; the plaintiffs completed the steelwork and relevant certificates had been issued, therefore the 2nd defendant is liable for any balance due beyond the $884,000 already received, with quantum to be assessed later.

Hong Kong Case Law

SAM YU CONSTRUCTION CO (suing as a firm) v. WINNING GODOWN LTD.

YEE SANG METAL SUPPLIES CO v. TAK MING CO LTD

YEE SANG METAL SUPPLIES CO v. DEFAG CONSTRUCTION CO AND ANOTHER