Read the full judgment text of HCCT 58/2017 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 March 2020 before Hon G Lam J.
Construction dispute – Consultancy agreements for renovation project – Whether consultancy services performed within reasonable time absent stipulated milestone dates – Whether alleged failure to provide detailed design drawings on time constituted breach – Whether consultancy drawings unfit for tender purposes – Whether refusal to provide services after March 2017 was proven – Whether claimed delay caused loss of rental income – Whether claimed abortive or additional costs caused by consultant’s breaches – Whether director liable personally on collateral warranty or assumption of responsibility – Court found project programmes were estimates not binding deadlines; Threshold provided necessary drawings within reason and cooperated post-dispute; no expert evidence proved defects in drawings or their unfitness; delays were justified by circumstances including project changes and contractor’s actions; Boost failed to prove causal link to losses claimed; personal claim against Ms Au failed for lack of explicit assumption of personal liability; judgment for Threshold for unpaid fees with interest, counterclaim dismissed, and costs awarded accordingly.
Legal issues: Obligation to perform consultancy services within a reasonable time · Failure to provide Detailed Design (DD) drawings for the Main Contract by early September 2016 · Failure to provide DD drawings fit for tender purposes for Main Contract and Interior Fitting-out works by 18 November 2016 · Whether Threshold refused or failed to provide any consultancy services since 29 March 2017 · Causation of loss of rental income · Claims for abortive or additional costs caused by alleged breaches · Personal claim against Ms Au based on collateral warranty or personal assumption of responsibility
Outcome: For the above reasons, Boost’s counterclaim wholly fails. Judgment for Threshold on its claim for $1,018,250 with interest. Costs to be paid by Boost to Threshold and Ms Au.
Cited by 3 cases · Cites 1 case