4 Jul 2014
HONG KONG ASPHALT (GREEN) LTD v. SUN FOOK KONG (CIVIL) LTD
- Citation
- HONG KONG ASPHALT (GREEN) LTD v. SUN FOOK KONG (CIVIL) LTD
- Court
- Court of First Instance
- Case number
- HCCT17/2010
Court dismissed the claim because the plaintiff failed to prove a contract existed: contemporaneous documentary evidence and conduct showed parallel negotiations and drafts inconsistent with the plaintiff's account; key witness evidence (Cheuk King) was rejected for lack of credibility; Howard Kong lacked authority to bind defendant; the Quotation amounted at best to a counter-offer; therefore plaintiff failed its burden and claim dismissed with costs.