14 Dec 1988
WONG FUK MING t/a KAM FUNG ENGINEERING COMPANY v. TAI HING CONSTRUCTION CO. LTD.
- Citation
- WONG FUK MING t/a KAM FUNG ENGINEERING COMPANY v. TAI HING CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA3395/1987
The defendant was bound by the oral assurance given by its clerk (who possessed at least ostensible and, on the facts, inferred actual authority) that it would not require the plaintiff to perform the extra works listed in the written agreement; the plaintiff signed in reliance on that promise and therefore remained entitled to final payment calculated on Sanfield's ultimate assessment (as determined by the court); the defendant's counterclaim for costs of the extra work fails.