Read the full judgment text of HCCT 72/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 March 2022 before Hon Anthony Chan J.
Construction contract dispute—summary judgment application by Plaintiff main contractor against Defendant for unpaid contract sum of HK$215,980,000—Dispute over Defendant's set-off/counterclaim for defective building works, notably basement water leakages—Defendant's claim supported by contemporaneous evidence and factual disputes requiring trial—Defendant's failure to adequately particularize other defects and training costs led to rejection of those claims—Defendant's alleged Takeover Agreement with specialist contractor unsupported and rejected—Court allowed partial summary judgment for Plaintiff for the unpaid sum less HK$21 million—Directions given for trial on disputed set-off claims—Costs awarded to Plaintiff due to Defendant's procedural delay and late instruction of counsel.
Legal issues: Set-off or counterclaim arising from alleged defects
Outcome: Summary judgment for the Plaintiff against the Defendant except for an outstanding sum of HK$21 million subject to trial to prove Defendant's set-off or counterclaim.
Cites 2 cases