17 Nov 2016
ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD
- Citation
- ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD
- Court
- Court of First Instance
- Case number
- HCCT33/2007
The ITS was a conditional instrument effective only upon issuance of a Work Order which never occurred; the plaintiff therefore had no contractual entitlement to payment and, alternatively, the plaintiff failed to prove on the balance of probabilities that it supplied the alleged quantity of labour/materials or incurred the claimed costs because its contemporaneous records and financial evidence were unreliable or absent; accordingly the claim is dismissed.