Read the full judgment text of HCCT000119/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 November 2000 before Hon Burrell J.
Construction contract dispute involving plaintiff subcontractor B & G ENGINEERING LIMITED and defendant YUEN CHAK CONSTRUCTION CO. LTD concerning payment for pre-boring works at MTR Tung Chung site. Plaintiff sought summary judgment for outstanding payment of $2,468,220. Key legal issues included whether delays were excusable or caused by defendant; whether plaintiff abandoned contract by insufficient drilling; whether defective work breached contract; and interpretation/application of Clause 9 guarantee on prebored holes. Court found multiple triable issues of fact and law requiring full trial, refusing summary judgment. The plaintiff’s claim for monies due was not established at this interlocutory stage. Outcome: summary judgment refused, leave to defend granted unconditionally, costs reserved to be assessed in cause. Representation included Mr Patrick Szeto for plaintiff and Mr Adrian Bell for defendant.
Legal issues: Delay · Abandonment · Defective work · Clause 9 compliance
Outcome: Summary judgment application dismissed; leave to defend granted unconditionally; costs in the cause.