Read the full judgment text of HCCT000100/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 February 1999 before The Hon Mr Justice Findlay.
Contract law — Construction contract — Back-to-back payment clause — Interim payment — Whether defendant entitled to withhold payment based on possible future overpayments — Principle of assessing interim payment applications based on current case — Recovery of overpayments contingent on employer’s confirmation — Defendant’s speculative future claims rejected — Court orders interim payment to ensure cash flow in subcontracting chain — Defendant ordered to pay interim sum with interest and costs.
Legal issues: Interim payment entitlement under back-to-back payment clause
Outcome: Ordered interim payment by the defendant to the plaintiffs with interest and costs.