7 Jan 2022
SMARTEK E & M ENGINEERING (HK) LTD v. WIN WIN WAY CONSTRUCTION CO LTD
- Citation
- [2022] HKDC 32
- Court
- District Court
- Case number
- DCCJ5104/2017
Credibility and contemporaneous documents established plaintiff left site with defective and incomplete works and failed to provide required substantiation; final account was not finalised and defendant never acknowledged or made the alleged part payment that could revive limitation; the causes of action for each VO accrued on the invoice dates in 2010 and are therefore time‑barred; further, defendant is entitled to equitable set‑off for costs incurred in rectifying defects (net HK$530,800), so plaintiff's claim is dismissed and costs awarded to defendant on an indemnity basis.