Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment delay
  • 13 Nov 2024

    SKYFORCE ENGINEERING LTD v. WANG KWONG ELECTRICAL ENGINEERING LTD

    Citation
    [2024] HKDC 1860
    Court
    District Court
    Case number
    DCCJ273/2021

    The defendant's continuous suspension of works from 28 September to 17 October 2019 constituted a repudiatory breach; plaintiff was entitled to accept that repudiation on 17 October 2019 and to engage replacement works and recover damages; plaintiff's withholding under clause 18 and limited payment delays were not repudiatory; certain variation claims by defendant lacked contemporaneous proof and were reduced or rejected; net judgment reflects set-off of allowed counterclaim.

  • 13 Jun 2012

    ABLE CONTRACTORS LTD v. WUI LOONG SCAFFOLDING WORKS CO LTD

    Citation
    ABLE CONTRACTORS LTD v. WUI LOONG SCAFFOLDING WORKS CO LTD
    Court
    Court of First Instance
    Case number
    HCA2587/2008

    The judge found that although the plaintiff had been late and had underpaid in some respects, those breaches did not amount to a repudiation sufficient to justify the defendant terminating on 23 April 2008; the defendant's termination was wrongful and constituted repudiatory breach, entitling the plaintiff to accept the repudiation and recover additional costs incurred in engaging Chit Tat and replacement costs for damage; the court also held for the defendant on its counterclaim for the 1% discount rebate, the retention money ($590,000) and certain contra charges relating to eye-bolt testing…