27 Mar 2009
RICHFUL ENGINEERING LTD v. PINE YEAR DEVELOPMENT LTD AND ANOTHER
- Citation
- RICHFUL ENGINEERING LTD v. PINE YEAR DEVELOPMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2906/2004
The court found the sub‑contract was terminated by mutual consent and that the Chinese Agreement of 9 January 2003 constituted a binding compromise of pre‑existing claims; the indemnity clause in that agreement suspends, rather than extinguishes, payment obligations until remedial work is accepted by KCRC; expert evidence did not establish structural causation of the leakage so Plaintiff was not liable for most remedial costs; accordingly Plaintiff was entitled to the balance of the settlement (HK$1,000,000) less proved remedial payments (HK$160,000) resulting in judgment for HK$840,000 with…