Hong Kong Case Law: Decisions & Judgments

Topic

Delay and damages

Legal area

Court

27 Jun 2018

AFFLUENT CONSTRUCTION CO LTD t/a PO LAM CONSTRUCTION ENGINEERING CO v. YU CHEUNG YIN

Citation

[2018] HKCFI 1452
Court

Court of First Instance
Case number

HCA329/2016

The court found the authentic executed Chinese contract did not contain a liquidated damages clause; the defendant (through his agents/representatives) was responsible for the principal causes of delay (failure to deliver site, failure to amend/submit approved plans and failure to pay AP fees) which under the prevention principle set time at large; additional works were ordered or accepted and costs were payable; accordingly judgment entered for plaintiff for outstanding sums and additional works and the defendant's counterclaim for delay was dismissed.
9 Jul 2010

TECH FOCUS LTD v. AUSTRIA PROPERTY MANAGEMENT LTD AND ANOTHER

Citation

TECH FOCUS LTD v. AUSTRIA PROPERTY MANAGEMENT LTD AND ANOTHER
Court

District Court
Case number

DCCJ5777/2006

The court found the defendants in breach by unreasonably delaying compliance with the consent order; "forthwith" required prompt commissioning and carrying out of the repair and defendants could not rely on internal management or procedural inconveniences that could have been addressed before the consent order; credible expert evidence established defective roof works as the cause of seepage; plaintiff entitled to loss of rent of HKD 340,600 for the 21-month period attributable to defendants' delay.
11 Dec 2007

MISSION & ASSOCIATES LTD v. CHU YIN SANG KEN

Citation

MISSION & ASSOCIATES LTD v. CHU YIN SANG KEN
Court

District Court
Case number

DCCJ1502/2006

The contract was a measured/bill of quantities contract, the Defendant ordered or consented to the additional works recorded in project meeting minutes and is therefore liable to pay the invoice of $292,231.20 for extra works; the Defendant's counterclaim for delay and repair was not proved and is dismissed.
31 Aug 2001

SHARP ACE LTD. v. LI PING WAH PETER

Citation

SHARP ACE LTD. v. LI PING WAH PETER
Court

Court of First Instance
Case number

HCA6746/1998

Judge found plaintiff credible and defendant not credible; defendant accepted the revised quotation so liable for the contract price; additional works were authorised or agreed to be charged separately and are recoverable; defendant failed to prove defective workmanship or loss caused by delay on balance of probabilities and expert evidence relied upon by defendant (Mr Chan) was not sufficiently reliable; accordingly plaintiff entitled to balance of HK$212,850 with interest and costs; counterclaim dismissed.

Hong Kong Case Law

AFFLUENT CONSTRUCTION CO LTD t/a PO LAM CONSTRUCTION ENGINEERING CO v. YU CHEUNG YIN

TECH FOCUS LTD v. AUSTRIA PROPERTY MANAGEMENT LTD AND ANOTHER

MISSION & ASSOCIATES LTD v. CHU YIN SANG KEN

SHARP ACE LTD. v. LI PING WAH PETER