2 May 2017
HUNG HING ENGINEERING CO LTD v. HUNG WAI MING AND ANOTHER
- Citation
- HUNG HING ENGINEERING CO LTD v. HUNG WAI MING AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3959/2014
Defendants failed to prove that a contractual obligation to supply original mill certificates existed because (1) the evidence did not establish delivery to plaintiff of drawings or documents that would incorporate GSB 2007 or its section 15 into the quotations; (2) there was no reliable evidence of an oral agreement by a person authorised to bind plaintiff; and (3) terms requiring MCs or conditioning final payment on MCs were not necessary to give business efficacy and could not be implied under the BP Refinery tests. Accordingly plaintiff was entitled to judgment for the unpaid invoices.