12 Jul 2011
TAI YING FAT t/a FAT KEE ENGINEERING CO v. SUN FOOK KONG CONSTRUCTION LTD
- Citation
- TAI YING FAT t/a FAT KEE ENGINEERING CO v. SUN FOOK KONG CONSTRUCTION LTD
- Court
- Court of First Instance
- Case number
- HCCT48/2009
The court accepted contemporaneous records and commercial probabilities over the plaintiff's late oral account, holding there was no oral agreement for batches 108-136, that plaintiff ceased builder's works after batch 164, that clause 3(B) of the settlement agreement is void for uncertainty and cannot be enforced, and that SFK had no contractual right under the settlement agreement to deduct liquidated damages or barralastic coating adjustments or to apportion the HK$2M deduction against plaintiff; accordingly plaintiff's recovery limited to amounts permitted by the settlement agreement and…