28 Mar 2025
SZE FUNG ENGINEERING LTD v. TREVI CONSTRUCTION COMPANY LTD
- Citation
- [2025] HKCA 278
- Court
- Court of Appeal
- Case number
- CACV82/2023
Item 18 is ambiguous but on proper construction governs the timing of payment only and does not impose a condition precedent making SF's entitlement dependent on Trevi being paid; an implied term is to be implied that Trevi will assess and pay SF for works duly done in a timely manner and pay a reasonable price; consequentially the trial court's pay-when-paid construction was erroneous, the judgment below is set aside and the disputed variation and loss of profits claims are remitted for re-determination.