Read the full judgment text of HCCT 26/2024 on BabelCite. This High Court CFI judgment was delivered on 12 January 2026 before Deputy High Court Judge Jonathan Wong.
Construction and Arbitration Proceedings — Strike-Out Application — Alleged Loans and Set-Off Agreement — Whether SOC §3.2 Discloses Reasonable Cause of Action — Court Accepts Alleged Mutual Cooperation and Set-Off Agreement as Plausible, Declines Strike-Out — Alleged Threats and Police Report in Pleadings — Relevant Background, Not Scandalous — Interpretation of Subcontract Clause Including Hong Kong SAR Regulations — Properly Pleaded, Strike-Out Declined — Alternative Claims in Statement of Claim Without Amending Writ — Permissible — Advances and Payment Disputes — Legitimate Matters in Account Assessment — Equitable Set-Off Between Multiple Construction Projects — Fact-Sensitive, Not Plainly Unsustainable — Costs Orders in Strike-Out Application Unsuccessful — Court Emphasizes Robust but Fair Approach in Construction List — Strike-Out Application Dismissed Except Part Adjourned; Amendment Summons Granted with Directions to Amend SOC Within 14 days; Costs Orders Made.
Legal issues: Strike out SOC §3.2 relating to Loans · Strike out SOC §§3.10 and 5.9-5.12 relating to alleged threats and police report · Strike out SOC §4.24 on interpretation of subcontract term 'Hong Kong SAR Regulations' · Strike out SOC §4.44 alleging delay due to design revision · Strike out SOC §§4.50 and 4.65 on alternative claim regarding Revised Design pricing · Strike out SOC §§4.80 and 6.11 on lack of substantiation of Defendant’s claims · Strike out paragraphs on equitable set-off (SOC §§4.86, 6.24, 7.22, 8.7, 9.7, 10.7, 11.7) · Strike out SOC §§5.1-5.3 and 5.6-5.8 on Advances · Strike out SOC §§7-11 re claims under Third to Seventh Projects · Strike out AR&DC §35.3 concerning response to August 2022 Agreement
Outcome: Strike-Out Summons to strike out multiple paragraphs dismissed; amendment summons granted with directions to amend Statement of Claim; certain strike-out application adjourned sine die with liberty to restore; costs orders made
Cites 2 cases