Read the full judgment text of HCCT000102/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 June 2003 before Hon Burrell J in Chambers.
Civil procedure — Summary judgment under Order 14 — Interim payment under Order 29 — Construction and arbitration proceedings — Dispute over subcontract payments — Counterclaims and disputed contractual terms — Leave to defend granted. CONNECTED SUCCESSFUL INVESTMENT LTD sought summary judgment or interim payment against SIT KWOK WAI CAROL trading as CONCOURSE ENGINEERING CO. and KEUNG KEE CONSTRUCTION LTD in relation to claims under the Choi Yuen and Tsing Yi sub-contracts. The plaintiff’s claim was challenged by the 1st defendant on substantive issues including disputed counterclaims for unpaid loans and questioned reductions in contract sums. The defendant raised a pleading issue on omission of the payment clause from the Statement of Claim, left unresolved without dismissal. The court found that the plaintiff’s evidential foundation was insufficient to satisfy the thresholds required for summary judgment or interim payment, based on arguable points that required trial resolution. The court accordingly granted the 1st defendant unconditional leave to defend and ordered costs in the cause.
Legal issues: Summary judgment application under O.14 · Interim payment application under O.29 · Pleading point on omission of payment clause in Statement of Claim
Outcome: 1st defendant granted unconditional leave to defend; plaintiff’s applications for summary judgment and interim payment refused.