Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Incorporation of subcontract terms

  • 23 Aug 2007

    CHUA TIONG TUNG v. IP YING CHI

    Citation
    CHUA TIONG TUNG v. IP YING CHI
    Court
    District Court
    Case number
    DCCJ3243/2006

    Credible evidence established an oral agreement to pay HK$600 per working shift; documentary records and witness evidence supported a finding of 735 shifts (HK$441,000). Defendant payments totalling HK$345,000 were accepted (including finding of a HK$40,000 cash payment and rejection of HK$30,000 as settlement), plus allowance for unreimbursed materials HK$7,952. Judgment entered for plaintiff for HK$103,952 with interest and costs.

  • 4 Dec 2002

    GOARM ENGINEERING LTD. v. SHIMIZU CORPORATION

    Citation
    GOARM ENGINEERING LTD. v. SHIMIZU CORPORATION
    Court
    Court of First Instance
    Case number
    HCCT21/1999

    The court found there was no agreement that Goarm would be bound by Amen's subcontract, no fixed lump sum of HK$7,000,000 was agreed, and no completion date of 30 June 1997 was agreed; accordingly Goarm was entitled to payment on a quantum meruit basis; the court adopted Mr Barrett's cost assessment reduced by 5% and a 12.5% profit margin to calculate the plaintiff's entitlement, allowed contra charges on a split-the-difference basis, rejected liquidated damages and prolongation claims for lack of proof, and entered judgment for the plaintiff and limited judgment on the counterclaim.