20 Apr 2012
TIM LEE CONSTRUCTION ENGINEERING CO LTD v. KWONG WAH t/a SUPER KING ENGINEERING CO
- Citation
- TIM LEE CONSTRUCTION ENGINEERING CO LTD v. KWONG WAH t/a SUPER KING ENGINEERING CO
- Court
- Court of First Instance
- Case number
- HCCT18/2010
The phrase 'back to back payment basis' in the subcontract meant Tim Lee was entitled to payment only when Super King received corresponding payment from its superior contractor (Wan Chung); there was no separate unconditional obligation by Super King to pay within a fixed period. The court found breaches on other heads: Super King wrongfully removed certain items (ceiling works) and Tim Lee proved entitlement to specified sums for redundant materials and underpayments; fraud was not established or properly pleaded. Judgment awarded HKD 758,801.29 to Tim Lee, interest from 27 July 2010 at 1%…