17 Mar 2001
LEUNG KWOK TIM t/a TIM YIP ENGINEERING CO v. BUILDERS FEDERAL (HONG KONG) LTD
- Citation
- LEUNG KWOK TIM t/a TIM YIP ENGINEERING CO v. BUILDERS FEDERAL (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA9196/2000
The defendant's sworn evidence specifically disputed liability and quantum, and the plaintiff's allegation of an oral non-denial requesting time to pay did not amount to a clear, unequivocal admission of liability and quantum; the arbitration clause was incorporated and, on the balance of probabilities, the four missing contracts contained the same clause as the 35 located contracts, so a mandatory stay was required for all 39 contracts.