30 Jan 2024
The plaintiff established a binding subcontract by conduct through performance of the works and documentary evidence; the defendant breached the Agreement and Variation Works were payable; judgment entered for the plaintiff for the unpaid sums with interest and costs.
17 Mar 2023
Leave to appeal refused because the tribunal's factual findings — that the claimant accepted the reduced salary by continuing to work and that the employer's electronic attendance records were credible — were not unreasonable or errors of law and therefore did not meet the statutory threshold for grant of leave.
14 Apr 2021
Court held the Quotation had been accepted by conduct (commencement after receipt and green-lighting), rejected defendant's contention of an implied trade-practice term requiring WSP assessment, awarded plaintiff the full sums claimed (HK$216,846 additional works and HK$257,400 under main agreement totaling HK$474,246) with commercial interest (prime+1%) from 29 December 2017 to judgment and judgment rate thereafter; defendant failed to prove set-off for alleged losses from the defective cable incident due to lack of particularity and causation.
29 Jan 2021
Plaintiff failed to prove that the defendant requested, offered or accepted the deployment and charging of two engineers and one technician; available contemporaneous evidence showed Daihatsu likely deployed extra personnel due to miscommunication, not due to any variation authorised by the defendant; therefore defendant is only liable for one engineer and claim for additional personnel is dismissed.
11 Mar 2020
The Court held that liability to pay commission was tied to whoever was the seller under the shipbuilding contract; JITE, having negotiated the commission, adopted and revised the commission agreement so that ZS became the accountee/new seller, and ZS's conduct (including accepting and paying the first invoice without qualification) established acceptance and liability; contemporaneous documents and oral evidence established the rate of EUR50/ton and justified awarding EUR683,850.
7 Feb 2017
The defendant, by accepting the benefit and by its contemporaneous correspondence and conduct, was bound as trustee on the terms evidenced in the Trust Deed and the Note; having failed to remit the matured amount, the defendant breached its fiduciary duties and must pay US$940,000, submit to an account and tracing, and be restrained by a post-judgment injunction; interest and costs follow.
30 Mar 2015
Topwin's signing and return of PS3 purchase orders established acceptance of fixed shipment dates which, given the commercial context and Sony's deadline, were of the essence; Topwin's failure to deliver by those dates and its failure to obtain Sony approval for improved samples entitled Prism to treat remaining PS3 contracts as repudiated and recover foreseeable losses (airfreight and loss of profit); no concluded contract existed for Xbox headsets because Xbox POs/SCs were not accepted/signed; PS3 toolings were payable and settled, Xbox tooling deposit recoverable due to failure of consider…
26 Apr 2011
No binding contracts were established: oral agreements failed because plaintiff had no binding obligation to deliver and acceptance by conduct was not proved; alternatively, even if contracts existed defendant validly cancelled the Purchase Orders for non-delivery on 2 May 2006; plaintiff's claim for damages is dismissed.
14 May 2010
The court granted a stay and referred the dispute to arbitration because ALA established a prima facie, plainly arguable case that an arbitration agreement governed the parties: the continuation of the same individual (Mr Albert Liu) and services after the predecessor entity dissolved meant the contractual terms, including the arbitration clause, were arguably continued; payment and later signed correspondence referring back to earlier letters reinforced acceptance by conduct. The question of actual existence of a binding arbitration agreement is for the arbitrator to decide.
6 Mar 2009
Interim certifications and repeated payments on the basis of the Plaintiff's quotations constituted acceptance by conduct of the measurement basis and rates; undisclosed terms of the Defendant's contract with the main contractor could not be incorporated into the sub-contracts; the Lai King Hospital oral contract was not back-to-back; accordingly Plaintiff was entitled to the claimed outstanding sums and Defendant's counterclaim failed.