Read the full judgment text of HCCT 42/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 September 2023 before Hon K Yeung J.
Construction contract dispute involving supply and installation of Crema Marfil (Spain) marbles at the 11/F property in Rykadan Capital Tower. Plaintiff alleged misrepresentations regarding Grade A marble, defective marbles, and breach of contract. Defendants denied misrepresentations and breaches. Court found no credible evidence of Representations relating to 'Grade A' marbles, which is a marketing term without formal grading. The Agreements primarily constituted contracts for work and labour rather than contracts of sale, excluding application of certain Sales of Goods Ordinance provisions. Expert evidence confirmed marbles installed were merchantable and corresponded with samples. Plaintiff failed to prove defects or substantiate claims for rectification costs and price reduction. Plaintiff improperly terminated contract prior to extended deadline, preventing Defendant from completing minor rectifications. Court dismissed Plaintiff’s claims against all Defendants except the counterclaim by Defendant. Judgment awarded to Defendant for outstanding sums totaling HK$2,349,073.75 with interest and costs. Costs for dismissal of claims against 2nd and 3rd Defendants and related indemnity cost applications to be dealt jointly in due course.
Legal issues: Correspondence with Marble described under Agreements · Breach of s.16(2) Sales of Goods Ordinance (Cap.26) · Breach of s.17(2) Sales of Goods Ordinance (Cap.26) · Breach of s.5 Supply of Service (Implied Terms) Ordinance (Cap.457) · Non-completion of works as agreed · Repudiatory breach by D1 · Claim for Rectification Work costs · Claim for downward price adjustment · Whether P breached Agreements by unilateral termination · D1’s entitlement to payment upon P's breach
Outcome: Plaintiff's claims against 2nd and 3rd Defendants dismissed; Plaintiff's claims against 1st Defendant dismissed; 1st Defendant's Counterclaim allowed in sum of HK$2,349,073.75.
Cited by 2 cases · Cites 4 cases