Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delay damages

Legal area

Court

25 Sept 1985

PERFECT MARBLE COMPANY LIMITED v. TAO YUN COMPANY LIMITED

Citation

PERFECT MARBLE COMPANY LIMITED v. TAO YUN COMPANY LIMITED
Court

Court of First Instance
Case number

HCA6851/1984

Defendant failed to discharge the onus of proving an agreed completion date and liquidated damages; silence and non‑return of a duplicate letter did not establish acceptance; parts of the delay were not the plaintiff's fault; therefore plaintiff entitled to the unpaid contract balance plus interest and costs.
31 May 1984

WAH TUNG ELECTRICAL AND PLUMBING ENGINEERING CO LTD v. NAM SANG BUILDING CONSTRUCTION CO LTD

Citation

WAH TUNG ELECTRICAL AND PLUMBING ENGINEERING CO LTD v. NAM SANG BUILDING CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCA1314/1984

The stay was granted because there was a valid arbitration clause, uncontradicted affidavit evidence and an architect's letter demonstrating a genuine dispute about completion and loss, the defendant had not taken steps after appearance and was ready and willing to arbitrate; therefore the Master erred in refusing the stay.