31 Mar 2006
YAN HO CHIU t/a HARVEST PROSPER CO v. CHARMGOLD INTENATIONAL LTD
- Citation
- YAN HO CHIU t/a HARVEST PROSPER CO v. CHARMGOLD INTENATIONAL LTD
- Court
- District Court
- Case number
- DCCJ4810/2004
The Court held the Revised Contract remained in force despite subcontracting to Silverlit; the Plaintiff was therefore liable for delays. The 2% per day clause calculated on the total contract value was a penalty and unenforceable. Defendant may recover extra air freight of HK$220,411.53 and the HK$125,760 deduction imposed by the purchaser, but the Defendant cannot recover HK$688,184.98 paid to Silverlit because that payment was voluntary and there was no authority or agreed subcontract price. Judgment entered for the Plaintiff for HK$519,732.50 and costs (order nisi).