Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Construction dispute

  • 7 Mar 2016

    CHAN SHUN KEI t/a CHAN SHUN KEI CONSTRUCTION WORKS v. HONG KONG CONSTRUCTION (HONG KONG) LTD

    Citation
    CHAN SHUN KEI t/a CHAN SHUN KEI CONSTRUCTION WORKS v. HONG KONG CONSTRUCTION (HONG KONG) LTD
    Court
    Court of Appeal
    Case number
    CACV192/2014

    The judge erred in principle by segregating liability-trial costs from the overall outcome and failing to account for the Plaintiff's ultimate success; however the Plaintiff's unreasonable pursuit of the Blue and Yellow drawings justified substantial deprivation of his costs; taking a global view the Plaintiff should be deprived of 75% of costs and the Defendant must pay 25% of the Plaintiff's costs; the Costs Order was set aside and replaced accordingly.

  • 30 Jun 2015

    WONG CHI PING AND ANOTHER v. HO MEI YUK

    Citation
    WONG CHI PING AND ANOTHER v. HO MEI YUK
    Court
    Court of First Instance
    Case number
    HCA940/2012

    The defendant breached the joint venture agreement because the oral assurances and the plans expressly referenced in the agreement (and known to the defendant) formed contractual terms (and, alternatively, an implied term or fiduciary obligation) requiring construction of full length balconies and frontal staircase access; accordingly the court ordered the defendant to perform the remedial works at her expense or to pay assessed damages and restrained transfer of the ground floor title until remedy or compensation, and awarded costs to the plaintiffs.