Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fixing method interpretation
  • 1 Sept 1992

    SUNBURY CO LTD v. MAY DESIGN LTD

    Citation
    SUNBURY CO LTD v. MAY DESIGN LTD
    Court
    Court of First Instance
    Case number
    HCCT10/1990

    The Defendant's conduct in withholding interim payments and the solicitor's letter objectively evinced an intention not to be bound so the Defendant's purported termination was not lawful; the Plaintiff was entitled to recover the value of work done at contract rates (HK$399,271.49) plus specified extras (HK$20,060); the alleged oral collateral agreement to reimburse extra costs was rejected for lack of credible evidence; no warranty will be implied that the Defendant would procure performance by the main contractor; the specification is to be construed as requiring legbolts (not simple screw…