5 May 2004
HONEYWELL LTD v. KIN MING E & M WORKS LTD & ANOTHER
- Citation
- HONEYWELL LTD v. KIN MING E & M WORKS LTD & ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT76/2001
The court found no back-to-back/pay-when-paid term because the amended Addendum was a counter-offer never accepted and there was no admissible evidence of an oral pay-when-paid agreement; the AFA and Tenants Final Accounts, adjusted for subsequent payments, govern quantum ($2,456,790.00 and $50,159.25 respectively); Mansion was liable under the Guarantee for sums due including variations; there was no contractual entitlement to interest at 2% per month but the court ordered interest at 2% over Hong Kong dollar best lending rate from writ to judgment and judgment rate thereafter; costs awarded…