18 Nov 2021
FRUIT DESIGN AND BUILD LTD v. LEUNG KWOK PONG ALSO KNOWN AS ADAM LEUNG
- Citation
- [2021] HKCFI 3391
- Court
- Court of First Instance
- Case number
- HCA915/2019
The court held the 2019 claim for unpaid progress payments under the contract constituted a liquidated demand because the Progress Payment Clause permitted ascertainment of sums by reference to priced contract items and interim valuation; the plaintiff's post‑judgment amendment to add quantum meruit was disallowed; the 2019 final judgment was irregular in part and therefore varied so the judgment sum is reduced to HK$3,514,686; the 2020 final judgment was set aside and replaced by an interlocutory judgment with damages to be assessed; the garnishee order nisi in the 2019 action was made absol…