Read the full judgment text of HCCT108&109/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 March 2000 before Hon Burrell J in Chambers.
Construction and Arbitration Proceedings — Summary judgment — Plaintiff claimed payment under two contracts for supply of ceramic tiles — Defendant counterclaimed alleging defective tiles and claimed remedial costs plus liquidated damages under contract 109 — Defendant sought equitable set-off in contract 108 based on counterclaim in contract 109 — Court examined whether summary judgment appropriate — Held: On contract 109, defendant’s defence and counterclaim raised triable issues of fact and quantum; unconditional leave to defend granted — On contract 108, contracts were separate and insufficient nexus for equitable set-off; summary judgment granted without stay — Costs ordered accordingly.
Legal issues: Whether summary judgment should be granted on contract 109 · Whether summary judgment should be granted on contract 108
Outcome: Unconditional leave to defend granted on contract 109; summary judgment entered without stay on contract 108.