Read the full judgment text of CACV 343/2002, CACV 344/2002 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 11 February 2003 before Hon Woo JA, Hon Cheung JA, Hon Ma JA.
Contract Law – Sub-subcontracts – Construction of contract terms regarding payment of fluctuations and management fees – Whether fluctuations payable notwithstanding no express mention in the pricing clause; held yes where paylist certified by Government included fluctuations – Management fees on variation items to be deducted instead of basic management fee, not cumulative – Waiver and promissory estoppel in contractual modification by oral agreement – Long delay and conduct of parties amounting to waiver of overpayment claim even in absence of consideration or detriment requirement – Equitable principles of estoppel applied – Appeals against judgment dismissing defendant’s claims and upholding plaintiff’s claims dismissed with costs.
Legal issues: Entitlement to payment for fluctuations under sub-subcontract · Construction of management fee deduction on variations · Waiver of claimed overpayment of management fee by Wing Wo
Outcome: Both appeals dismissed with costs
Cited by 3 cases · Cites 4 cases