22 Apr 2016
LAU KIN SAU t/a KIN SUN DECORATION & ENG. CO. v. HUNG MAU DESIGN & CONTRACTING LTD
- Citation
- LAU KIN SAU t/a KIN SUN DECORATION & ENG. CO. v. HUNG MAU DESIGN & CONTRACTING LTD
- Court
- District Court
- Case number
- DCCJ4689/2013
The Court found on the balance of probabilities that tacit or express agreements existed in respect of many items as either fixed price or unit rate; the Plaintiff bore the burden to prove specific quantities and completion where unit rates applied; contemporaneous marked‑up invoices and detailed reasons for adjustments were accepted where supported and rejected where unexplained or fabricated. Applying these principles invoice‑by‑invoice, the Court allowed some claims, disallowed others, credited prior payments, and awarded a judgment sum of HK$142,015 with accounting for a further payment o…