World Asia Design & Contracting Ltd. v. China United Holdings Ltd.

Read the full judgment text of HCA 5156/1999 on BabelCite. This High Court CFI judgment was delivered on 26 August 1999.

1. This is the plaintiff's application for judgment on admissions, on a claim for work done by the plaintiff for the defendant of a value amounting to $5,608,754. I am not satisfied that any of the documents said in the plaintiff's summons to be admissions contains a clear and unequivocal admission of liability and therefore I am not prepared to give judgment for the plaintiff on this ground. The plaintiff advances an alternative claim for summary judgment for this amount or part of it, but ther

Case No.HCA 5156/1999
Court
High Court CFI
Date26 Aug 1999
Judge
Case Document
100%Judiciary

HCA005156/1999

HCA 5156/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5156 OF 1999

BETWEEN
WORLD ASIA DESIGN & CONTRACTING LIMITED Plaintiff
AND
CHINA UNITED HOLDINGS LIMITED Defendant

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Coram : Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of Hearing : 26 August 1999

Date of Judgment : 26 August 1999

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J U D G M E N T

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1. This is the plaintiff's application for judgment on admissions, on a claim for work done by the plaintiff for the defendant of a value amounting to $5,608,754. I am not satisfied that any of the documents said in the plaintiff's summons to be admissions contains a clear and unequivocal admission of liability and therefore I am not prepared to give judgment for the plaintiff on this ground. The plaintiff advances an alternative claim for summary judgment for this amount or part of it, but there are disputes as to the value of the work done which can only be resolved at a trial. I shall therefore give the defendant unconditional leave to defend the action. Costs will be costs in the cause.

Directions

2. Defendant to have leave to file amended defence and counterclaim within 7 days from today; otherwise, standard directions.

(Gerald Godfrey)
Justice of Appeal

Representation:

Mr. Andy Hung instructed by M/s. Lo, Chan & Leung for Plaintiff

Mr. Erik Shum instructed by M/s. Li, Wong & Lam for Defendant