Read the full judgment text of HCCT 58/2016 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 February 2018 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Profit Sharing Agreement — Oral contract alleged in early 2009 between HAY DESIGN LIMITED and HENG TAI CONTRACTING (INT’L) CO LTD concerning six fitting out projects, four led by Plaintiff, two by Defendant — Dispute over existence and terms of Agreement and sharing of expenses and profits — Defendant denies Agreement in alleged terms and claims separate agreements — Defendant seeks separate trial on liability and quantum — Plaintiff opposes — Court applies Order 33 rule 3 RHC discretion on case management — Key evidence conflicting on existence and terms of Agreement — Expert evidence on quantum costly and dependent on liability findings — Court orders separate trial on liability first to promote cost-effectiveness and procedural fairness — Expert evidence on quantum postponed until after liability trial — Defendant undertakes to withdraw counterclaims if liability found for Defendant — Costs ordered in the cause. The judgment facilitates procedural economy and fairness in complex contractual disputes involving multiple projects and accounting issues.
Legal issues: Whether separate trial on liability and quantum should be ordered
Outcome: Order granted for separate trial on liability under the Agreement before trial on quantum; costs to be in the cause.
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