Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Quantum of invoice items
  • 24 Jun 1996

    GAMMON CONSTRUCTION LTD. v. YUEN CHAK CONSTRUCTION CO. LTD.

    Citation
    GAMMON CONSTRUCTION LTD. v. YUEN CHAK CONSTRUCTION CO. LTD.
    Court
    Court of First Instance
    Case number
    HCA11404/1995

    Summary judgment was inappropriate for the whole sum because the defendant established triable issues on multiple heads of Gammon's final invoice (mobilisation/demobilisation, charges related to abandoned drill holes, missing reports for 14 drill holes, disputed drilling rates and iron ore coring). Leave to file the further affirmation was granted and, because Yuen Chak's counterclaim in other proceedings is plausible and may affect recovery, execution of the judgment is stayed pending trial of that counterclaim; the judgment sum is to be varied by agreement in light of the triable issues and…