Hong Kong Case Law: Decisions & Judgments

Topic

Construction contract interpretation

Legal area

Court

11 Jan 2008

RE ANDREW GODDARD, QC

Citation

RE ANDREW GODDARD, QC
Court

Court of First Instance
Case number

HCMP2589/2007

Admission under s27(4) LPO was granted because the arbitration factor was powerful: the applicant had substantive prior involvement and ongoing instruction in the arbitration, and the application for leave to appeal was a substantial and important matter involving complex issues, thus justifying admission to advise and appear for the Hong Kong Housing Authority in the leave application and the appeal if granted.
4 Jun 1998

BOUYGUES S.A. and Another v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.

Citation

BOUYGUES S.A. and Another v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.
Court

Court of First Instance
Case number

HCA3259/1998

The letters from the Defendant's lawyers and the investors contained contractual promises of future conduct and were not mere letters of comfort, but the phrase 'the Contract Price' as used in those letters and the subscription agreement was construed to mean the sums payable to the Plaintiffs for performance under the construction contract (stage payments/advance and interim certificates) and did not extend to sums payable on termination (termination damages); accordingly the Plaintiffs had no trust or contractual security for the termination sums claimed and the claim was dismissed.
8 Dec 1986

HSIN CHONG CONSTRUCTION CO LTD v. YATON REALTY CO LTD

Citation

HSIN CHONG CONSTRUCTION CO LTD v. YATON REALTY CO LTD
Court

Court of First Instance
Case number

HCCL3/1986

Clause 30(4) gives the main contractor a beneficial interest in the whole retention fund and the employer's right of recourse under the contract extends to the whole fund; therefore no valid distinction can be drawn between the main contractor's and the nominated sub-contractor's proportions and the employer's obligation to appropriate retention moneys ceases to the extent of permitted deductions, the trust continuing only for any balance.

Hong Kong Case Law

RE ANDREW GODDARD, QC

BOUYGUES S.A. and Another v. SHANGHAI LINKS EXECUTIVE COMMUNITY LTD.

HSIN CHONG CONSTRUCTION CO LTD v. YATON REALTY CO LTD