24 Sept 1999
WAI SHUN CONSTRUCTION CO. LTD. v. GAMMON CONSTRUCTION LTD.
- Citation
- WAI SHUN CONSTRUCTION CO. LTD. v. GAMMON CONSTRUCTION LTD.
- Court
- Court of First Instance
- Case number
- HCCT110/1998
The defendant had genuinely arguable cross-claims only to the extent of just under $3.3 million (overpayment and testing fees), but had no genuinely arguable cross-claim in respect of the Shun Cheong judgment of $3,157,581.73 because the defendant had no contractual basis to set off that sum against the plaintiff; accordingly the plaintiff satisfied the Shanning test for an interim payment of $3,000,000 and the court properly exercised its discretion to order that sum be paid pending trial.