24 May 1985
CHAN SAU KUT t/a YAT FUNG CONSTRUCTION & ENGINEERING CO AND ANOTHER v. GRAY & IRON CONSTRUCTION & ENGINEERING CO (a firm)
- Citation
- CHAN SAU KUT t/a YAT FUNG CONSTRUCTION & ENGINEERING CO AND ANOTHER v. GRAY & IRON CONSTRUCTION & ENGINEERING CO (a firm)
- Court
- Court of First Instance
- Case number
- HCA6006/1982
The written agreement, when construed by its substance (clauses providing joint performance of the sub-contract, joint bank account with joint control, express equal profit sharing and joint management), created a partnership/joint adventure with equal sharing of profits and losses; clause purporting to exclude partnership did not defeat that substance; clause 6 was conditional on sufficient funds/profits and did not create an absolute personal obligation to repay; therefore neither party could maintain the present action against the other and the claim and counterclaim were dismissed.