12 Dec 2016
MARUKEN KOUGYOU CO LTD v. HSIN CHONG CONSTRUCTION CO LTD AND ANOTHER
- Citation
- MARUKEN KOUGYOU CO LTD v. HSIN CHONG CONSTRUCTION CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT19/2013
On the balance of probabilities the court found the sale to SNE had included a retention of title clause and was subsequently cancelled reverting to a hire arrangement; only four casings were proved to have remained on site at termination; the subcontract and main contract provisions did not prevent the plaintiff resuming possession because the casings were not owned by SNE when brought to site in the sense required by those clauses and no post-termination hire takeover was agreed; the 1st defendant's deliberate retention and use of the plaintiff's casings after termination constituted conver…