Read the full judgment text of HCCT000047/1994 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 January 1999 before The Hon Mr Justice Findlay.
Construction law — Contractual disputes — Joinery subcontracting — Claims for damages due to alleged defective workmanship and negligence — Counterclaim for unpaid work — Evidence and expert assessment of disputed items — Contractual rights and alleged industry 'practice' — Liability and valuation issues. The plaintiff, sub-sub-contractor on a joinery project, subcontracted to the defendant who completed the work in November 1994. Plaintiff sued for damages for poor workmanship, loss of ironmongery due to negligence, and deductions for omitted work, while defendant counterclaimed for payment for work done. The court found no evidential basis for the plaintiff's negligence claims, rejected the plaintiff's alleged 'practice' as contractually binding, and upheld the defendant's claims on disputed items based on credible evidence and expert agreement. Judgment was granted for the defendant for $649,304.14 with interest, and plaintiff ordered to pay indemnity costs. The litigation conduct by plaintiff was criticized for negligence and lack of preparation.
Legal issues: Plaintiff's claim for damages due to negligence · Validity of 'practice' alleged by plaintiff affecting contract rights · Disputed work and valuation items
Outcome: Plaintiff's claims dismissed; judgment for defendant for $649,304.14 plus interest; plaintiff to pay defendant's costs on indemnity basis