Read the full judgment text of HCCT000080/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 December 2001 before Hon Burrell J.
Construction contract commission dispute – Oral agreement between plaintiff (Ho Yuk Chu trading as Skyforce Engineering Company) and defendant (Shun Hing Refrigerator Air-Conditioning Engineering Limited) for 7% commission on A/C contract sums awarded by Shui On Building Contractors Limited; plaintiff represented by Mr Cheang (her husband) introducing, recommending, and assisting tender preparation. Defendant denies liability on basis of no consideration and misrepresentation. Court found defendant delayed denial, accepted plaintiff provided adequate consideration through introduction, recommendation, and cost information helping tender success; rejected defence that plaintiff acted as agent for conflicting principals; rejected misrepresentation claim that contract award was guaranteed irrespective of price; accepted negotiation and competition applied. Court found agreement valid but accepted defendant’s claim that a lower commission rate (2%) applied to star rated items per defendant’s letter, adjusting amount payable. Result: Defendant ordered to pay HK$2,158,365.22 plus interest and costs to plaintiff.
Legal issues: Lack of consideration · Misrepresentation
Outcome: Judgment for the plaintiff for HK$2,158,365.22 plus interest and costs