Read the full judgment text of HCCT9/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 June 2001 before Hon Burrell J.
Construction law — Sub-contract payment claims — Long-delayed litigation involving subcontractor M & L, its creditor Yee Sang, and defendant Kwan On Building Contractors — 16-year-old contract with lost/missing documents — Plaintiffs claim approx. $17 million for work done; defendant counters with set-offs for materials supplied and payments made — Court accepts defendant's reduction to $16.5 million work value, allows set-offs of approx. $9.6 million after assessing admissions, invoices, and ledger evidence rejected where unreliable — Interest awarded at prime plus 1% for 8 years balancing delay contributions — Application for security for costs by plaintiffs refused due to general rule and delay in application — Judgment for plaintiffs on claim, defendant on counterclaim, net due to plaintiffs $6.9 million plus interest — Costs order nisi to plaintiffs.
Legal issues: Application for security for costs · Valuation of work done by M & L under the sub-contract · Set-off for materials supplied and payments made by defendant · Interest rate and period
Outcome: Judgment for the plaintiffs on the claim for $16,512,056; judgment for the defendant on counterclaim for $9,614,186; net sum due to 2nd plaintiff $6,897,870; interest at prime plus 1% for eight years awarded; costs order nisi in favour of plaintiffs.