23 Nov 2005
BDO INTERNATIONAL v. PO SUN HOLDING GROUPS LTD
- Citation
- BDO INTERNATIONAL v. PO SUN HOLDING GROUPS LTD
- Court
- District Court
- Case number
- DCCJ16280/2000
On the balance of probabilities the court accepted the plaintiff's evidence that defendant's agent Mr Barry Leung instructed a hard close at 30 April 1999 for the draft report and declined a second field visit; those instructions did not vary the engagement letter and Mr Barry Leung lacked authority to vary the final cut-off date, but he had authority to agree a practical hard close for a draft; the draft delivered was the best possible given the timetable and thus entitled the plaintiff to the HK$150,000 fee payable on submission of the draft.