Hong Kong Case Law: Decisions & Judgments

Topic

Contra-charges

Legal area

Court

18 Aug 2011

BRINGTON ENGINEERING LTD v. CHEERISE ASIA LTD

Citation

BRINGTON ENGINEERING LTD v. CHEERISE ASIA LTD
Court

Court of First Instance
Case number

HCCT2/2010

Court held that on proper construction the Sub-Contract and incorporated Technical Specifications imposed design responsibility on the defendant (sub-contractor); 'back-to-back' did not make the Sub-Contractor's entitlements dependent on the consultant's decision or import pay-when-paid; defendant's extension of time claims failed; defendant liable to plaintiff for liquidated damages of HK$532,000; other disputed claims and contra-charges failed.
31 May 2010

MR. TONG PUN CHUNG v. BLESSGAIN CONSTRUCTION ENGINEERING LTD

Citation

MR. TONG PUN CHUNG v. BLESSGAIN CONSTRUCTION ENGINEERING LTD
Court

District Court
Case number

DCCJ4618/2008

The Court found the oral agreement incorporated payment by reference to CLP final measurement and verification at rates 18% less than the Schedule of Rates, the eight certificates were interim/provisional not final, a final accounting was required, the Court accepted the Defendant's calculated total work of HK$1,279,371.30, allowed a net set of contra-charges after disallowing specific unproven deductions, and held the Defendant must pay the Plaintiff HK$63,225.25 with interest from 4 September 2008 and costs on an order nisi basis.
11 Mar 2008

SINCERE AIR-CONDITIONING CO LTD v. A. S. WATSON GROUP (HK) LTD t/a FORTRESS

Citation

SINCERE AIR-CONDITIONING CO LTD v. A. S. WATSON GROUP (HK) LTD t/a FORTRESS
Court

Court of First Instance
Case number

HCCT53/2006

The court held that Sincere performed variation and additional works at the oral instruction of Fortress representatives and Fortress, by requesting and accepting performance, waived the Agreement's written-variation requirement; therefore Sincere was entitled to the invoiced variation sums as assessed by the court. Fortress's counterclaims for contra-charges and credits were largely disallowed except for admitted items totaling HK$9,330. The court awarded judgment for Sincere for the net balance after agreed deductions, with interest and costs to Sincere.
10 Mar 2006

MAYSUN ENGINEERING CO LTD v. WORMALD ENGINEERING SERVICES LTD

Citation

MAYSUN ENGINEERING CO LTD v. WORMALD ENGINEERING SERVICES LTD
Court

District Court
Case number

DCCJ2885/2003

The court found the Plaintiff did not execute and return the Purchase Order and was bound by its own pleaded case that no agreement on price fluctuations was reached; credibility of the Plaintiff's witness was poor and unpleaded oral agreements were inadmissible; on contractual construction and evidence the Plaintiff failed to establish entitlement to price fluctuations, to a share of liquidated damages/contra-charges, or to the HK$200,000 additional charge; the only admitted sum of HK$214,278.51 was awarded with interest and an order nisi for costs.

Hong Kong Case Law

BRINGTON ENGINEERING LTD v. CHEERISE ASIA LTD

MR. TONG PUN CHUNG v. BLESSGAIN CONSTRUCTION ENGINEERING LTD

SINCERE AIR-CONDITIONING CO LTD v. A. S. WATSON GROUP (HK) LTD t/a FORTRESS

MAYSUN ENGINEERING CO LTD v. WORMALD ENGINEERING SERVICES LTD