Read the full judgment text of HCCT 44/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 April 2022 before Hon Mimmie Chan J.
Construction Contract – Subcontracting and Payment Disputes – Contractual Relationship – Whether direct contract established between subcontractor and main contractor – Evidence of dual quotations – Role and authority of site agent – Assessment of witness credibility and contractual intention – Application of principles in Shanghai Tongi and other authorities managing implied contracts from conduct – Court found contractual relationship existed only between Plaintiff and actual subcontractor J, not Defendant. Plaintiff performed works under government Drainage Services Department Contract with Defendant as Main Contractor and J as subcontractor. Plaintiff issued higher quotations to Defendant and lower to J, with acceptance and payments made by J. Plaintiff’s claims against Defendant dismissed. Costs awarded to Defendant.
Legal issues: Existence of direct contract between Plaintiff and Defendant · Authority of site agent to accept contract
Outcome: Plaintiff’s claims dismissed; no liability on Defendant; costs awarded to Defendant
Cited by 5 cases · Cites 3 cases