Read the full judgment text of CACV 422/2020 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 10 November 2023 before Hon Kwan VP, Barma JA, G Lam JA.
Contract law — Formation of contract — Pre-bid agreement — Tendering process — Whether binding subcontract between plaintiff and defendant existed — No binding agreement found as communications and conduct equivocal, no unequivocal evidence of contract — Confidentiality agreement excluded contractual obligation — Plaintiff’s extensive work found to be preparatory and part of defendant’s Tender Analysis. Quantum meruit — Work done in anticipation of contract — Whether payment on quantum meruit allowed absent concluded contract — No payment awarded, work held to be preparatory without expectation of binding contract — Plaintiff bore risk of non-payment. Appeal against trial judge’s dismissal of claims dismissed. Plaintiff ordered to pay defendant’s costs with certificate for two counsel.
Legal issues: Existence of Pre-bid Agreement · Whether conduct of the parties after award of Main Contract to HC indicated existence of binding Sub-subcontract · Quantum meruit claim for work done
Outcome: Plaintiff's appeal dismissed in entirety.
Cited by 5 cases · Cites 6 cases