Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Underpayment

  • 13 Jun 2012

    ABLE CONTRACTORS LTD v. WUI LOONG SCAFFOLDING WORKS CO LTD

    Citation
    ABLE CONTRACTORS LTD v. WUI LOONG SCAFFOLDING WORKS CO LTD
    Court
    Court of First Instance
    Case number
    HCA2587/2008

    The judge found that although the plaintiff had been late and had underpaid in some respects, those breaches did not amount to a repudiation sufficient to justify the defendant terminating on 23 April 2008; the defendant's termination was wrongful and constituted repudiatory breach, entitling the plaintiff to accept the repudiation and recover additional costs incurred in engaging Chit Tat and replacement costs for damage; the court also held for the defendant on its counterclaim for the 1% discount rebate, the retention money ($590,000) and certain contra charges relating to eye-bolt testing…

  • 28 Feb 2002

    HERAWATI v. TAY EDWARD

    Citation
    HERAWATI v. TAY EDWARD
    Court
    Court of First Instance
    Case number
    HCLA70/2001

    The appeal was dismissed because the High Court found the Presiding Officer properly assessed the evidence and credibility, the bank withdrawal references were marginal and not relied upon as primary proof of payment, and no error of law was demonstrated that would justify overturning the Tribunal's findings of fact.