Hong Kong Case Law: Decisions & Judgments

Topic

Nominated subcontractor

Legal area

Court

8 Jul 2010

JETS TECHNICS LTD v. THE HONG KONG JOCKEY CLUB

Citation

JETS TECHNICS LTD v. THE HONG KONG JOCKEY CLUB
Court

Court of Appeal
Case number

CACV11/2010

Read in context and having regard to the parties' conduct, the Letter of Intent and related correspondence amounted to TOP's acceptance of JETS as the nominated subcontractor such that the parties proceeded on the basis of a subcontract; the claim against the Jockey Club was therefore untenable and constituted an abuse of process; the appeal is dismissed and the strike out order below is upheld.
31 Mar 2008

YEW SANG HONG LTD v. HONG KONG HOUSING AUTHORITY

Citation

YEW SANG HONG LTD v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV346/2007

The appeal was dismissed because Yew Sang's pleaded restitution, trust and implied contract claims lacked reasonable prospects: allowing restitution or directing direct payment would subvert contractual risk allocation and the statutory insolvency regime (resulting in unfair priority over other unsecured creditors), there was no identifiable specific fund or contractual provision creating a trust over retention monies and main contract clauses (GCC 69(3)(d) and GCC 83) and the pleaded facts did not support an inference of an unambiguous offer and acceptance to create an implied contract oblig…
10 Jan 2003

SCHINDLER LIFTS (HONG KONG) LTD. v. OCEAN JOY INVESTMENTS LTD.

Citation

SCHINDLER LIFTS (HONG KONG) LTD. v. OCEAN JOY INVESTMENTS LTD.
Court

Court of First Instance
Case number

HCCT81/2001

The plaintiff's summary judgment application was dismissed because triable issues existed as to (1) whether a subcontract between the plaintiff and Free Form existed, (2) the true construction and effect of clause 14 of the Letter of Intent in the factual matrix, and (3) whether an estoppel by convention arose; accordingly the defendant was granted unconditional leave to defend.
21 Mar 1984

HONG KONG TEAKWOOD WORKS LTD v. SHUI ON CONSTRUCTION CO LTD

Citation

HONG KONG TEAKWOOD WORKS LTD v. SHUI ON CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCA10969/1983

Refusal of summary judgment: on an Order 14 application the court will not finally construe a complex building sub-contract; the prima facie meaning of 'receipt of payment' in clause 11(b) is receipt of money, not an employer's set-off; the validity of any set-off is disputed and cannot be treated as payment for summary judgment purposes; the second architect's certificate post-dates the writ and cannot found the claim; accordingly plaintiff failed to show it was entitled to summary judgment and appeal dismissed.

Hong Kong Case Law

JETS TECHNICS LTD v. THE HONG KONG JOCKEY CLUB

YEW SANG HONG LTD v. HONG KONG HOUSING AUTHORITY

SCHINDLER LIFTS (HONG KONG) LTD. v. OCEAN JOY INVESTMENTS LTD.

HONG KONG TEAKWOOD WORKS LTD v. SHUI ON CONSTRUCTION CO LTD