28 Sept 2023
LING MAN YIU RAYMOND t/a BUILD TECH ENGINEERING CO v. YAU LUEN METAL WORKS LTD
- Citation
- [2023] HKDC 1161
- Court
- District Court
- Case number
- DCCJ4198/2019
On the balance of probabilities the cheque was delivered operatively and parol evidence creating post-delivery conditions was inadmissible; even if conditions existed defendant failed to prove non-compliance; plaintiff failed to discharge burden to prove Interim Account figures and therefore the Final Account figure of HK$1,893,002.20 is adopted; defendant failed to show lawful incorporation or contractual basis for the disputed deductions or retention beyond clause 12, so those deductions are disallowed, producing a net award under the Sub-Contract of HK$174,722.20 plus the cheque sum of HK$…