8 May 2007
MAXKING CONCRETE CO LTD v. CHINA CIVIL-ROAD & BRIDGE JOINT VENTURE
- Citation
- MAXKING CONCRETE CO LTD v. CHINA CIVIL-ROAD & BRIDGE JOINT VENTURE
- Court
- Court of First Instance
- Case number
- HCCT2/2003
The Court found that the JV failed to prove wholesale incorporation of PS16, that Ken On did not supply defective concrete on the balance of probabilities (expert evidence and comparative performance pointed to workmanship and insufficient tremie immersion by Paul Y), that Sika's recommended dosage was by reference to cementitious content so there was no proven overdose, and that clause 13 entitled Ken On to suspend deliveries for non‑payment; accordingly Ken On validly ceased supply, the JV was in repudiatory breach, Ken On succeeded on its claim for unpaid invoices, interest and loss of pro…