Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Variations

  • 29 Jun 2020

    CHEVALIER (ALUMINIUM ENGINEERING) HONG KONG LTD v. SUN PROPERTIES CO LTD

    Citation
    [2020] HKCFI 1313
    Court
    Court of First Instance
    Case number
    HCCT63/2017

    The Direct Payment Agreement, if any, was supplemental to and subject to the Main Contract and Sub-Contract; the Sub-Contract special provisions (notably clause 10.05 SP excluding any monetary claim for omissions and the amended clause 28 excluding additional payment for extensions of time) precluded the Contractor's claims for omitted works, abortive design costs and prolongation costs; there was no proved Agreed Final Account; consequently the Plaintiff's claims were dismissed and the Defendant's counterclaim for overpayment was allowed.

  • 25 Sept 2017

    TUNG NGAR AIR CONDITION & STEEL HOLDINGS LTD v. SHING HIN CATERING GROUP LTD

    Citation
    TUNG NGAR AIR CONDITION & STEEL HOLDINGS LTD v. SHING HIN CATERING GROUP LTD
    Court
    Court of First Instance
    Case number
    HCA1410/2009

    On the facts the court held on balance that the Furnishings Sub-Quotations were incorporated into the written contract (they had been supplied in negotiation and intended as part of the bargain), the alleged oral terms were not proved, the plaintiff achieved practical/substantial completion on 6 March 2009 and the 5th instalment (20%) was payable within one week after the 60th day, the defendant's obstruction prevented procurement of the formal licence so the plaintiff was entitled to the 6th instalment (9%), March and part of April variations were allowed in specified amounts, and the defend…

  • 19 Aug 2016

    CHUN WO BUILDING CONSTRUCTION LTD v. METTA RESOURCES LTD

    Citation
    CHUN WO BUILDING CONSTRUCTION LTD v. METTA RESOURCES LTD
    Court
    Court of First Instance
    Case number
    HCCT29/2013

    The court found on the evidence that HYA had abdicated its independent duties due to Metta/CK interference; ERI-MC-897, read in context and SP-2.03/SCC-15, validly omitted all remaining works in the contractor's scope including obligations to rectify known defects, and therefore many of Metta's defect counterclaims were rejected; only limited EOTs were awarded (25 days for MS-1 and 51 days for MS-2) and corresponding loss and expense and materials entitlements to the contractor were assessed; Metta was entitled to reduced LD and certain contra-charges. The court applied a pragmatic broad-brus…

  • 18 Aug 2011

    BRINGTON ENGINEERING LTD v. CHEERISE ASIA LTD

    Citation
    BRINGTON ENGINEERING LTD v. CHEERISE ASIA LTD
    Court
    Court of First Instance
    Case number
    HCCT2/2010

    Court held that on proper construction the Sub-Contract and incorporated Technical Specifications imposed design responsibility on the defendant (sub-contractor); 'back-to-back' did not make the Sub-Contractor's entitlements dependent on the consultant's decision or import pay-when-paid; defendant's extension of time claims failed; defendant liable to plaintiff for liquidated damages of HK$532,000; other disputed claims and contra-charges failed.

  • 2 Nov 2010

    TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER

    Citation
    TECHNICOM INTERIORS DESIGN ENGINEERING LTD v. TSE YUET YI AND ANOTHER
    Court
    District Court
    Case number
    DCCJ5965/2008

    Expert Architect report was inadmissible because it lacked proper expert opinion and methodology; absent admissible expert evidence defendants failed to prove alleged defects or remedial costs except for specific concessions; the waiver of B-cabinets was conditional on payment so plaintiff may recover those charges; completion date was determined by the written contractual clause (plans approved in October 2007) making completion in January 2008; plaintiff entitled to net judgment of HKD 36,690 plus interest and to recover costs with indemnity taxation for costs occasioned by the defendants'…

  • 6 Aug 2010

    WOON LEE (HK) CO LTD v. HOLYROOD LTD

    Citation
    WOON LEE (HK) CO LTD v. HOLYROOD LTD
    Court
    Court of First Instance
    Case number
    HCCT4/2009

    The judge rejected the owner's evidence as unreliable, drew an adverse inference from the failure to call the authorised person, accepted the contractor's evidence on variations, completion and valuations, implied a term that the owner would not hinder performance, found the owner repudiated Contract C by barring access and failing to pay, held the contractor lawfully terminated and is entitled to recover contract sums, agreed variations, interest and loss of profits; the owner's counterclaim for defects was dismissed for failure to prove causation and responsibility.

  • 16 Jul 2009

    ARTLANE DESIGN CONSULTANTS LTD v. CHAN WEN MEE MAY

    Citation
    ARTLANE DESIGN CONSULTANTS LTD v. CHAN WEN MEE MAY
    Court
    Court of First Instance
    Case number
    HCCT12/2008

    The court held that the contractor had achieved substantial performance by the time the defendants occupied the premises and therefore was entitled to the withheld final payment subject to allowable deductions; certain variation claims by the plaintiff were allowed and many items of the defendant's counterclaim were reduced as inflated or unsupported by reliable quantification; retention monies are to be applied for their intended purpose; interest awarded at prime plus 1% from the writ.

  • 13 Jan 2009

    LBM LTD v. YEARFUL CONTRACTING LTD

    Citation
    LBM LTD v. YEARFUL CONTRACTING LTD
    Court
    Court of First Instance
    Case number
    HCCT35/2007

    The counterclaim was struck out for the purpose of the application because it disclosed no triable issue: no completion date in the sub-contract, no incorporation of main contract terms, no contemporaneous complaint or evidence of loss, and lack of particulars; the contract sum disparity (HK$334,370) did not justify summary judgment given the high threshold and the likelihood of trial on variations; the variations claim was sufficiently substantial and contested to preclude summary determination and warranted conditional leave to defend subject to payment of HK$2.5 million into court; accordi…

  • 6 Mar 2007

    SUN PAK SHING AND ANOTHER v. ACTION DESIGN CO LTD

    Citation
    SUN PAK SHING AND ANOTHER v. ACTION DESIGN CO LTD
    Court
    Court of First Instance
    Case number
    HCCT74/2004

    The court dismissed the defendant's liquidated damages counterclaim for lack of evidence. The plaintiffs' variation claims were found largely proven and valued (totaling $1,283,332) and agreed shortfalls on contract payments ($7,542,203) were accepted. Most contra charges and rectification counterclaims failed because either the contractual clause relied upon (clause 11) did not reflect the parties' intention or procedures were not complied with, or there was no adequate evidentiary basis. Accordingly judgment was entered for the plaintiffs for the net sum of $6,277,820 with interest, and the…

  • 13 Dec 2006

    SUNLEY ENGINEERING & CONSTRUCTION CO LTD v. NGO KEE CONSTRUCTION CO LTD

    Citation
    SUNLEY ENGINEERING & CONSTRUCTION CO LTD v. NGO KEE CONSTRUCTION CO LTD
    Court
    Court of First Instance
    Case number
    HCCT49/2002

    The sub-contract incorporated the bills of quantities so Sunley was entitled to recover for variations for works omitted or understated where those works were necessary to complete the contracted scope; Sunley was entitled to the quantified variations (subject to agreed deductions for proven contra-charges) and Ngo Kee failed to prove that Sunley caused delay to the main contract or resulting loss, accordingly Ngo Kee's major delay counterclaim failed and judgment was entered for Sunley in the net sum of HK$6,843,309 with interest at prime plus 1% from 21 June 2001; PNAP 227 is recommendatory…