11 Oct 2018
FORCE WAY ENGINEERING LTD v. THE INCORPORATED OWNERS OF GRAND COURT
- Citation
- [2018] HKCA 683
- Court
- Court of Appeal
- Case number
- CAMP128/2018
The application for leave to appeal is refused because the intended appeal has no reasonable prospect of success: the trial judge's factual findings on extensive defects (supported by witness evidence and photographs) and on quantum were open to her and not plainly wrong; the consultant's certificate, while issued in accordance with the contract, was challengeable and not final and conclusive absent clear contractual language; therefore there is no arguable basis to grant leave.