10 Jul 2013
CHEUNG SIU HO formerly t/a HANG LEE ENGINEERING CO v. PUI HING CONSTRUCTION CO LTD
- Citation
- CHEUNG SIU HO formerly t/a HANG LEE ENGINEERING CO v. PUI HING CONSTRUCTION CO LTD
- Court
- District Court
- Case number
- DCCJ2198/2011
The court found the Written Agreement (including the clause permitting deduction in special circumstances) governed the parties' liabilities; payments made by the principal contractor or insurer were nonetheless payments of the defendant's contractual funds and thus deductible under the Written Term; accordingly the defendant lawfully deducted the sum and the plaintiff's claim failed and was dismissed.