Read the full judgment text of HCCT 33/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 November 2016 before Hon L Chan J.
Construction contract – Supply of labour and materials – Instruction to Sub-contractor (ITS) with stipulation that no money payable without Work Order – Whether ITS alone constituted binding contract – Held: ITS was conditional contract; no Work Order issued, no binding contract. Evidence – Plaintiff’s alleged work records, invoices, wage acknowledgements lacked contemporaneous verification, proper accounting documents absent – Evidence found unreliable and incredible. Variation claims unproven – Plaintiff’s commercial conduct inconsistent with claim. Costs of materials – Claimed on reimbursement basis, but plaintiff failed to show actual payment or connection with defendant’s procurement system. Outcome – Plaintiff’s claim dismissed for want of credible contractual basis and reliable evidence; costs awarded to defendant. This case illustrates importance of formal contract documents, adherence to procurement policies, and reliable contemporaneous records to substantiate claims in construction subcontract disputes.
Legal issues: Existence and effect of contract via Instruction to Sub-contractor (ITS) · Reliability and sufficiency of plaintiff’s evidence on labour supply and costs · Entitlement to costs for materials supplied without clear contractual basis
Outcome: Action dismissed; plaintiff’s claim is not proven on balance of probabilities
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