Read the full judgment text of HCCT 9/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 January 2025 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Subcontracting dispute over marble and granite fixing works at luxury residential project — Oral Agreement versus Written Contract terms — Whether the Works were governed by oral or written agreement — Court finds oral agreement partly recorded but Contract did not reflect true agreed unit rates — Accepts oral unit rates in square feet over Metric Rates in Contract — Payment dispute including third-party King Wah payment — Court rejects Defendant's claim that King Wah payment related to Project works — Claims for additional and omitted works largely disallowed except for skirting/cornice balance and part of demolition/change works — Defendant’s contra charges challenged on burden and evidentiary sufficiency — Court holds Defendant bears burden of proof for contra charges — Most contra charges disallowed except limited items for damage and forklift usage accepted — Cost order made in favour of Plaintiff. The judgment clarifies evidentiary and contractual principles relating to partial oral agreements, burden of proof on contract deductions, and evidential standards for additional claims and contra charges in construction subcontract disputes.
Legal issues: Whether the Works were governed by the Oral Agreement or the Contract · Whether part of the KW Payment related to the Plaintiff’s Works at the Site · Entitlement to payment for additional works · Entitlement to payment for omitted works · Burden of proof regarding contra charges · Validity and sufficiency of Deduction Notices and evidence for contra charges
Outcome: Plaintiff’s claims for outstanding payment partially allowed; most additional and omitted work claims disallowed except for the skirting/cornice work and part of demolition/change work; Defendant’s contra charges mostly disallowed except for limited damages and forklift charges; Defendant to pay costs to Plaintiff.
Cites 4 cases