Read the full judgment text of HCCT 35/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 August 2020 before Hon Mimmie Chan J.
Contract law — Construction contract dispute — Whether binding pre-bid agreement or subcontract between Plaintiff and Defendant existed — Application of principles from Shanghai Tongi regarding inference of contracts from conduct — Confidentiality Agreement expressly negated contractual commitment — Documents and correspondence consistent with negotiations and evaluation, not concluded contract — Plaintiff’s work considered part of Defendant’s tender analysis and due diligence — No acceptance by Defendant of Plaintiff’s offer on crucial terms such as price — Quantum meruit claim rejected as no implied payment obligation due to lack of mutual confidence that contract would eventuate — Estoppel claim dismissed for lack of clear and unequivocal representation — Outcome: Plaintiff’s claims dismissed with costs to Defendant.
Legal issues: Existence of Pre-bid Agreement · Quantum meruit claim for work performed · Estoppel by representation
Outcome: Plaintiff’s claims dismissed; costs awarded to the Defendant.
Cited by 2 cases · Cites 1 case