Read the full judgment text of HCCT000007/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 September 1999 before The Hon Mr Justice Findlay, in Chambers.
Contracts — Construction subcontract — Claim for outstanding payments by plaintiff against defendant — Defendant’s counterclaim alleging overpayment under prior contract and failure to pay subcontractor Shun Cheong — Plaintiff disputing overpayment and liability to subcontractor — Interim payment application under Order 29 — Legal test per Shanning International Ltd v George Wimpey International Ltd requiring plaintiff to satisfy court he would obtain judgment on substantial sum net of cross-claims — Court finds defendant’s cross-claim for overpayment genuinely arguable, but no genuine arguable set-off for sum owed to Shun Cheong due to lack of contractual nexus — Additional smaller cross-claim for testing fees considered genuinely arguable — Court orders interim payment of $3 million to plaintiff as more than $3 million of claim undisputed — Costs ordered against defendant. Representation: Mr Russell Coleman for WAI SHUN CONSTRUCTION COMPANY LIMITED; Mr Simon Westbrook for GAMMON CONSTRUCTION LIMITED.
Legal issues: Genuinely arguable cross-claim for overpayment · Set-off in respect of sums due to Shun Cheong Electrical Engineering Company · Genuinely arguable cross-claim for additional charges (testing fees and levy)
Outcome: Interim payment of $3 million ordered to be paid to the plaintiff; defendant’s cross-claims allowed only to extent of under $3.3 million; defendant ordered to pay plaintiff’s costs of the application.