Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pay-when-paid

  • 11 Jun 2014

    KIM HUNG CONSTRUCTION & ENGINEERING CO. LTD v. STANDARD REFRIGERATION & ENGINEERING CO. LTD

    Citation
    KIM HUNG CONSTRUCTION & ENGINEERING CO. LTD v. STANDARD REFRIGERATION & ENGINEERING CO. LTD
    Court
    Court of First Instance
    Case number
    HCCT37/2012

    Leave to appeal on the CCMS Variation Claim is refused because the Arbitrator's finding of breach of SFDSC 10.3 is fact‑sensitive and not shown to be wrong, the dispute over pay‑when‑paid does not alone dispose of liability, the appeal would only affect costs (quantum assessed nil) and therefore would not substantially affect parties' rights under s.23(4), and the jurisdiction to determine costs and interest remains with the Arbitrator.

  • 30 Dec 1997

    HARMONIC LIGHTWAVES INC v. PROSTEN TECHNOLOGY CO. LTD.

    Citation
    HARMONIC LIGHTWAVES INC v. PROSTEN TECHNOLOGY CO. LTD.
    Court
    Court of First Instance
    Case number
    HCA8583/1997

    The default judgment dated 10 September 1997 was set aside because, in the exercise of the court's discretion, the defendant demonstrated a realistic prospect of success on disputed factual issues (notably whether payment had been received under a pay-when-paid clause) and it would be unjust to preclude the defendant from defending; the stay sought under an arbitration clause was refused because the subsequent Distribution Agreement containing an entire agreement clause and specific payment terms superseded the earlier arbitration provision; the court refused to require payment into court as…