30 Sept 2013
SINOEARN INTERNATIONAL LIMITED v. HYUNDAI-CCECC JOINT VENTURE (a firm)
- Citation
- SINOEARN INTERNATIONAL LIMITED v. HYUNDAI-CCECC JOINT VENTURE (a firm)
- Court
- Court of Final Appeal
- Case number
- FACV22/2012
The Court held the contract was a measurement contract measured by in‑situ volume and the payments required by clause 2.6 were not refundable because they were paid to the agent for immediate onward transmission to secure permits and their purpose had been achieved; accordingly Au J's dismissal of the plaintiff's main claim and indemnity was restored and his award on the defendant's counterclaim was set aside and the counterclaim dismissed.