4 Jul 2012
KONE ELEVATOR (H.K.) LTD v. CITYBASE PROPERTY MANAGEMENT LTD
- Citation
- KONE ELEVATOR (H.K.) LTD v. CITYBASE PROPERTY MANAGEMENT LTD
- Court
- Court of First Instance
- Case number
- HCA1898/2008
Kone was guilty of malpractice (i.e. breach) only in respect of the items it expressly admitted; the remaining alleged defects were not proven or were outside Kone's contractual responsibility; Clause 30 permitted Citybase to deduct a 'sum in dispute' from the Performance Bond and SCB was entitled to pay on that basis, but Citybase must account and repay any overdrawn amount once the dispute is resolved — accordingly Kone succeeds in restitution and is awarded HK$654,260 (the bond draw of HK$771,400 less proven rectification costs HK$117,140), with interest and costs.