12 Nov 2008
YEUNG SUK CHONG t/a WAN CHEONG ENGINEERING CO v. LEUNG YAU BUILDING LTD
- Citation
- YEUNG SUK CHONG t/a WAN CHEONG ENGINEERING CO v. LEUNG YAU BUILDING LTD
- Court
- Court of First Instance
- Case number
- HCA1008/2008
No arbitration agreement existed between Plaintiff and Defendant because the 2nd Contract's reference to the Main Contract did not create an arbitration agreement between Plaintiff and Defendant; consequently the stay under s.6 was dismissed. Summary judgment was inappropriate because material disputes remained about outstanding remedial works, missing warranties/certificates, entitlement to deductions and whether the 9th Invoice related to the Main Contract; the evidence and shifting case were unsuited to summary determination, so summary judgment was dismissed and unconditional leave to def…