15 Apr 2005
KIN SHING ENGINEERING (HK) CO LTD v. VINSON ENGINEERING LTD
- Citation
- KIN SHING ENGINEERING (HK) CO LTD v. VINSON ENGINEERING LTD
- Court
- Court of First Instance
- Case number
- HCCT108/2002
The alleged trade custom that payment for variations is due only after Housing Authority QS certification was not proved to be notorious or certain and was inconsistent with the Works Orders' valuation mechanism (General Conditions 3 and 4); therefore no such term was implied, Vinson could not withhold payment pending QS certification, the court accepted Kin Shing's evidence that Quotations 25 and 26 were agreed and assessed reasonable quantum for other variations, disallowed specified items, refused late amendment and adjournment, and entered judgment for the plaintiff for the computed balan…