31 Jul 2002
DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
- Citation
- DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
- Court
- Court of First Instance
- Case number
- HCCT71/1999
The contract was construed against Wing Wo's submissions: fluctuations were included in sums payable (paylists and matrix support) and variation deductions were straight 20% or 29% not additional to the 36% management fee; rectification was not available because Wing Wo failed to prove the written instrument did not reflect the common intention beyond reasonable doubt; in the Tolo Highway claim although an oral agreement to 42% was found factually, Wing Wo could not recover for alleged underpayment because their long acquiescence and Dixie's reliance made it inequitable to allow recovery (wai…