Read the full judgment text of CACV 82/2023 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 28 March 2025 before Hon Cheung JA, Hon Barma JA and Hon Anthony Chan J.
Contract law – Construction contract – Subcontract – Payment terms – Item 18 of Quotation stated payment on a 'back to back' principle – Whether Item 18 constituted a pay when paid clause or governed timing only – Implied terms – Quantification of claims for variations, idling, acceleration, and loss of profits – Court of Appeal allowed appeal, finding Item 18 ambiguous and governing payment timing only, rejecting pay when paid construction adopted by trial judge. Implied term found that Trevi must timely assess and pay reasonable price for works duly done. Quantum of some claims remitted for trial court determination due to lack of findings; idling and acceleration claims properly rejected for lack of evidence. Costs ordered accordingly.
Legal issues: Proper construction of Item 18 · Implied term for timely assessment and payment · Quantum of claims for variations, idling, acceleration and loss of profits
Outcome: Appeal allowed; judgment below set aside; variation claims and loss of profits claim remitted for determination; idling and acceleration claims upheld as rejected.
Cited by 2 cases · Cites 5 cases