11 Feb 2015
LUEN FAT ENGINEERING AND CONSTRUCTION COMPANY (A FIRM) v. HUNG YIP (HK) ENGINEERING COMPANY LTD
- Citation
- LUEN FAT ENGINEERING AND CONSTRUCTION COMPANY (A FIRM) v. HUNG YIP (HK) ENGINEERING COMPANY LTD
- Court
- Court of First Instance
- Case number
- HCA79/2008
The court found on the balance of evidence that no pay‑when‑paid term was agreed; the parties met in late April 1999 and the contemporaneous letters and payment conduct establish a special payment term of payment within 45 days after receipt of the application which prevailed over any general back‑to‑back reference. Accordingly Hung Yip was liable to pay the outstanding sum claimed by Luen Fat, and the defendant's alternate arguments concerning certification as a condition precedent and reliance on pay‑when‑paid failed.