11 Feb 2003
VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO. v. DIXIE ENGINEERING CO. LTD.
- Citation
- VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO. v. DIXIE ENGINEERING CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV344/2002
The Court held on construction that clause 4 required Dixie to be paid the sums certified and paid to the main contractor (paylists) less the agreed management fee, and those paylists included fluctuations; clause 3B did not permit stacking the 20%/29% variation management fee on top of the 36% basic fee; although the 4% oral increase lacked enforceable consideration, Wing Wo’s long delay and Dixie’s reliance meant it had waived enforcement and/or was estopped from reclaiming the 4%; accordingly both appeals were dismissed with costs.