24 Jun 2020
YEUNG SAN MING PETER v. MING KEE CONSTRUCTION (STEELWORK) ENGINEERING LTD
- Citation
- [2020] HKDC 390
- Court
- District Court
- Case number
- DCCJ3609/2017
On the balance of probabilities the court preferred the contemporaneous wage payment record and monthly man-days lists showing payments at HK$1,400 per man-day and 417 man-days under the 1st Agreement; the defendant’s defences (alleged common practice of provisional overpayment, WhatsApp negotiations, and an unrelated May 12 contract) failed to rebut that evidence; there was no proof of causation for water seepage, but the agreed safety penalty of HK$14,950 was allowed as set-off; judgment for plaintiff for HK$402,090 plus interest and costs order nisi.