Read the full judgment text of HCCT 4/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 October 2019 before Hon Mimmie Chan J.
Construction and arbitration proceedings concerning enforcement of sums under two landslip preventive measure contracts (Contract A and Contract B) and damages for wrongful termination. The 2nd Plaintiff, wound up and with rights assigned to 1st Plaintiff, successfully pursued claims against Defendant who contended substandard performance and improper termination but failed to produce evidence or attend trial. The Court rejected Defendant’s time-bar, champerty, and settlement agreement defences, dismissed unsupported deductions for administration and materials costs, and accepted Engineer’s certificates confirming completion. Wrongful termination of Contract B was established with damages for lost profits awarded. Interest was granted on outstanding sums, and costs ordered to be paid by Defendant. The Defendant’s counterclaim was struck out for failure to produce evidence and appear. Judgment was made in Plaintiffs’ favour with full quantification of sums and damages.
Legal issues: Validity and enforceability of Assignment · Admissibility and effect of settlement agreement allegation · Entitlement and quantification of sums due under Contracts · Lawfulness of Contract B termination and damages · Interest on sums due
Outcome: Plaintiffs' claims allowed in full, Defendant’s counterclaim struck out; Defendant ordered to pay costs to Plaintiffs on party and party basis.
Cited by 9 cases