25 Apr 2022
HYDROTECH WATERPROOFING SOLUTIONS LTD v. SHUN YUEN CONSTRUCTION CO LTD
- Citation
- [2022] HKCFI 1170
- Court
- Court of First Instance
- Case number
- HCCT44/2020
No direct contract existed between Plaintiff and Defendant. Key reasons: a valid Subcontract existed between Defendant and J; Plaintiff issued dual quotations (higher to Defendant/DSD and lower to J) and issued invoices and received payments from J; contemporaneous correspondence shows Plaintiff treated J as its counterparty and sought payment from J; acceptance by site staff was not shown to have authority to bind Defendant and conduct was no more consistent with a direct contract than with a sub-subcontract to J. Plaintiff failed to discharge burden to prove a direct contract; claim dismiss…