Hong Kong Case Law: Decisions & Judgments

Topic

Interim payment certificates

Legal area

Court

6 Nov 2006

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD

Citation

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD
Court

Court of First Instance
Case number

HCA2909/2002

On balance of probabilities the hauling tickets, invoices and ICPs were reliable and accurate, the defendant failed to call makers of its adverse records and cannot now displace the certified documents; judgment is entered for the plaintiff for the full claimed sum with interest and costs.
6 Nov 2006

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD

Citation

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD
Court

Court of First Instance
Case number

HCA3291/2002

The court held that the hauling tickets signed by the defendant's site representative, the plaintiff's invoices and the defendant's interim payment certificates were reliable and accurate evidence of the number of dump trucks supplied. The defendant failed to call the makers of its contrary records (the Book and the Maunsell records) so those documents were untested and entitled to no weight; accordingly the plaintiff proved its claim on a balance of probabilities and judgment was entered for the plaintiff for the full amount claimed with interest.
28 Aug 2002

GETWICK ENGINEERS LTD. v. PILECON ENGINEERING LTD.

Citation

GETWICK ENGINEERS LTD. v. PILECON ENGINEERING LTD.
Court

Court of First Instance
Case number

HCA558/2002

The court must stay proceedings in respect of matters covered by the arbitration clause where a dispute exists; the interim payment certificates did not constitute clear and unequivocal admissions of liability and quantum and therefore claims based on them (and on variations/additional works) are stayed to arbitration, but the dishonoured cheque for HK$115,000 constituted a clear and unequivocal admission entitling the plaintiff to summary judgment for that amount; costs ordered against plaintiff to pay two-thirds of defendant's costs.
21 Jan 1983

COSTAIN INTERNATIONAL LTD AND ANOTHER v. ATTORNEY GENERAL

Citation

COSTAIN INTERNATIONAL LTD AND ANOTHER v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP1898/1982

An engineer's written order granting an extension of time qualifies as a 'time certificate' within the unqualified phrase 'any certificate' in clause 120(2); where such certificates (money or time) are genuinely withheld on points of principle, the contractor is entitled to open an arbitration during the currency of the works; accordingly arbitration was ordered and an arbitrator appointed.

Hong Kong Case Law

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD

TANG CHI KEUNG t/a CHING KEE ENGINEERING TRANSPORTATION CO v. HONG KONG CONSTRUCTION (HOLDINGS) LTD

GETWICK ENGINEERS LTD. v. PILECON ENGINEERING LTD.

COSTAIN INTERNATIONAL LTD AND ANOTHER v. ATTORNEY GENERAL