Read the full judgment text of HCCT000018/1994 on BabelCite. This HIGH COURT judgment was delivered on 12 December 1995 before Hon Mr Justice Findlay.
Civil procedure — Interim payment under Order 29 — Contract dispute involving interior design and renovation — Plaintiff claimed undisputed sum due under contract price and agreed extras — Defendants disputed balance, claiming overpayment and damages — Court approved plaintiff's quantification approach starting from contract price and undisputed extras — Defendants' claims deferred to trial stage — Court ordered interim payment for undisputed amount plus interest at 10% from date of contract — Costs ordered nisi in favour of plaintiff. The judgment provides that undisputed sums should not be withheld pending trial if supported by evidence, and confirms interim payment as appropriate procedural relief under Order 29. The plaintiff’s claim for an interim payment of $146,783.31 plus accrued interest was granted, with costs reserved by an order nisi.
Legal issues: Interim payment under Order 29 · Costs entitlement
Outcome: Plaintiff's summons for interim payment under Order 29 granted; order nisi for costs in favour of plaintiff.