Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Joint and several liability of subcontractors

Legal area

Court

22 Jan 1998

HAPPY DYNASTY LTD v. WAI KEE (ZENS) CONTRUCTION & TRANSPORTATION CO LTD AND OTHERS

Citation

HAPPY DYNASTY LTD v. WAI KEE (ZENS) CONTRUCTION & TRANSPORTATION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCCT41/1995

The tender letter incorporated into the subcontract expressly fixed the unit rate for 13 months only; because the subcontract was silent as to rates thereafter and it was necessary for business efficacy, the court implied a right to reasonable remuneration (quantum meruit) for the extended period. The prolongation was caused through no fault of the plaintiff (delays attributable to LEJV/Wai Kee works and related factors). Defendants' counterclaims failed. The plaintiff was therefore entitled to judgment against the 1st and 3rd defendants for the assessed sums totaling HK$8,919,592 plus intere…
29 Jun 1990

FIRST FIT CO. LTD. v. LAM YAU AND ANOTHER

Citation

FIRST FIT CO. LTD. v. LAM YAU AND ANOTHER
Court

Court of First Instance
Case number

HCLA4/1990

The presiding officer misdirected himself by adopting an adversarial approach and failing to perform the statutory inquisitorial duties required by the Labour Tribunal Ordinance (including actively testing evidence and explaining relevant statutory provisions); that procedural failing was material and justified setting aside the award and remitting the case for a de novo hearing by another presiding officer.