Read the full judgment text of CACV 236/2016 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 21 August 2017 before Hon Lam VP, Cheung JA, Yuen JA.
Contract Law — Construction Contract Dispute — Conditional Contract — Instruction to Sub-contractor (ITS) and Work Order — Whether ITS Binding Absent Work Order — Contractual Liability — Control of Exemption Clauses Ordinance — Evidence and Credibility — Assessment of Fabrication and Exaggeration — Appeal Against Findings of Fact and Law. The plaintiff claimed payment of over HK$4 million for labour and materials supplied under an on-site works agreement based on ITS and invoices. The defendant denied contract enforceability without a Work Order as required by the ITS terms. The trial judge held the ITS was a conditional contract not binding absent a Work Order and further found the plaintiff’s evidence unreliable, exaggerated, and fabricated, rejecting the claim altogether. On appeal, plaintiff challenged the conditional contract finding, use of terms implying fraud, failure to assess alternative quantum based on defendant’s version, and alleged errors in factual findings. The Court of Appeal affirmed the trial judge’s ruling, holding the ITS conditional contract analysis was sound in context; strong descriptors of exaggeration or fabrication were justified due to credibility issues; the absence of alternative pleaded claims precluded quantum assessment; and the factual findings were not plainly wrong considering the comprehensive evidential evaluation. Appeal dismissed with costs.
Legal issues: Whether the ITS constituted a conditional contract and effect of non-issuance of Work Order · Whether the Judge erred in finding plaintiff’s claim was exaggerated, fabricated or dishonest without specific pleading · Whether the judge should have made an alternative quantum assessment on the defendant’s version · Whether the judge was plainly wrong on key factual findings regarding work performed and document reliability
Outcome: Appeal dismissed with costs to defendant
Cited by 2 cases