Read the full judgment text of HCCT000019/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 January 1999 before The Hon Mr Justice Findlay.
Commercial contract dispute — Supply and installation of granite cladding panels — Claim for payment including uncertified sums — Counterclaim for damages and liquidated damages based on alleged defective non‑homogeneous granite panels — Legal issues include entitlement to payment without architect certification where counterparty prevented certification, enforceability of liquidated damages clause, standard of performance required under contract, and breach of contract or tort for defective work. Evidence shows natural variations in granite expected and contract contemplated similar, not identical, colour tones; minor variations not breach or defect warranting damages. Claim for liquidated damages rejected as penalty for trivial defects and no delay. United Marble entitled to contract payments plus interest. Costs ordered against Soundwill. Appeal against decision dismissed by Court of Appeal (CACV000063/1999).
Legal issues: Claim for payment under contract without architect certification · Claim for liquidated damages due to non-homogeneous granite panels · Standard of finish required under contract regarding homogeneity of granite panels · Breach of contract or tort by United Marble for defective panels · Costs order
Outcome: Judgment for United Marble for sums of $5,698,000 and $3,965,470.92 with interest; Soundwill’s counterclaim dismissed; costs awarded to United Marble