Hong Kong Case Law: Decisions & Judgments

Topic

Final account disputes

Legal area

Court

8 Jul 2016

FORTUNE LINK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD

Citation

FORTUNE LINK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD
Court

District Court
Case number

DCCJ2929/2012

Leave to amend was granted; pre-judgment interest awarded from 28 December 2009 (invoice date plus 14 days) at HSBC best lending rate plus 1% per annum; the Defendant's summons for partial costs or issue-based apportionment dismissed and costs follow the event; the Plaintiff's non-compliant sanctioned-letter of 12 February 2014 was treated as a Calderbank offer and, because the Defendant unreasonably rejected it, indemnity costs were ordered to run from the date of rejection (17 February 2014); the Defendant must pay party-and-party costs before 17 February 2014 and indemnity costs thereafter…
24 Apr 2008

MAZE ALUMINIUM ENGINEERING CO LTD v. CHINA STATE CONSTRUCTION ENGINEERING CORPORATION AND ANOTHER

Citation

MAZE ALUMINIUM ENGINEERING CO LTD v. CHINA STATE CONSTRUCTION ENGINEERING CORPORATION AND ANOTHER
Court

Court of First Instance
Case number

HCCT38/2006

The judge exercised discretion to grant security for costs in part because the defendants established a combination of factors—plaintiff's materially reduced business activities and turnover, sale of real property assets, and absence of a major shareholder—creating a real risk the plaintiff would be unable to pay costs; quantum was reduced from the claimed $2.7 million to $1.5 million as appropriate at this interlocutory stage. Specific discovery was refused because the requested documents were not sufficiently relevant to the pleaded issues and the requests were overbroad and constituted a f…
21 Feb 2001

THE SUMITOMO BANK LTD v. SHEEN STATE INTERNATIONAL LTD t/a SHUN SHING ENGINEERING CO

Citation

THE SUMITOMO BANK LTD v. SHEEN STATE INTERNATIONAL LTD t/a SHUN SHING ENGINEERING CO
Court

Court of First Instance
Case number

HCCT134/1998

Summons for summary judgment dismissed because multiple substantial and genuine triable issues of fact and credibility exist (notably alleged cash payments, subcontractor relationships, timing of remedial works and post-assignment payments, and quantum of liquidated damages); the defendant's defences are not so incredible or sham-like as to justify summary disposal, therefore trial is required.

Hong Kong Case Law

FORTUNE LINK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD

MAZE ALUMINIUM ENGINEERING CO LTD v. CHINA STATE CONSTRUCTION ENGINEERING CORPORATION AND ANOTHER

THE SUMITOMO BANK LTD v. SHEEN STATE INTERNATIONAL LTD t/a SHUN SHING ENGINEERING CO