11 Mar 2020
On uncontested credible evidence the court found the agreed unit prices and quantities proven, accepted invoices as records of work done and that variation work was payable at the reasonable invoiced sums, credited interim payments, and therefore awarded the net contractual sums plus interest and costs.
7 Apr 2014
The court held that the 2003 final account is the appropriate starting point for quantification but may be adjusted where credible evidence demonstrates underclaiming; where expert methodologies conflicted and neither side was wholly persuasive the court applied item-by-item evaluative adjustments, including limited use of splitting the difference, resulting in an award to the plaintiff of HKD 1,182,933 plus interest and dismissal of the defendant's counterclaim; costs were apportioned: defendant entitled to 50% of its costs for the liability trial, plaintiff entitled to 50% of its costs for…
7 May 1986
The court accepted that Interim Statement No.2 represented accurate, sufficiently checked and agreed measurements binding on Lingking and F.I.S.A.; the compromise constituted an overall settlement obliging defendants to pay the unpaid value of works (judgment $1,206,350.51) and F.I.S.A. stood as guarantor for those payments; however there was no clear agreement to pay Worthy loss of profit and that claim failed.