Read the full judgment text of HCCT000064/1996 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 January 1998 before the Hon Mr Justice Findlay.
Contract Law — Preliminary issues — Liability under alleged written agreements — Interim payment pending trial — Admitted payments and accounting. The plaintiff COLLECTIONS INTERIOR LIMITED and defendant FLEXIWALL ENGINEERING COMPANY LIMITED were parties to agreements in September and November 1994 concerning payments for services. The defendant sought a preliminary trial to determine liability under these agreements or alternatively quantum meruit, and an interim payment. The plaintiff agreed to trial on liability under the agreements but opposed quantum meruit and the interim payment order. The court held that there was no basis for a quantum meruit preliminary trial since the defendant's claim was solely contractual. The court ordered a trial on the preliminary issue of liability under the alleged agreements, to narrow the issues to amount payable, if any. The plaintiff had admitted having received sums on behalf of the defendant, substantiated by a statement of account. The court ordered that, if liability were found, the plaintiff must pay an interim amount of HK$1,469,968.82, reflecting undisputed funds after accounting for an alleged loan from the plaintiff. Costs of the application were ordered to be costs in the cause.
Legal issues: Preliminary issue on liability under alleged agreements · Interim payment pending trial outcome
Outcome: Order for trial of preliminary issue on liability under alleged agreements; conditional interim payment ordered; costs in cause.