31 Jul 1991
RYODEN ENGINEERING CO LTD AND ANOTHER v. PAUL Y. CONSTRUCTION CO LTD
- Citation
- RYODEN ENGINEERING CO LTD AND ANOTHER v. PAUL Y. CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT2/1991
The court held that the issues whether the contract excludes the common law right of set-off and the effect of the 'pay when paid' clause were not amenable to short Order 14 determination; because the architect's certificate requirement is a condition precedent to contractual claims for liquidated damages and the exclusion of common law set-off is a matter of construction requiring fuller argument, the defendants were given unconditional leave to defend and the action was stayed to arbitration under the parties' agreement.