Read the full judgment text of HCCT000041/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 July 2001 before Hon Burrell J.
Construction contract — Sub-contract — Oral agreement on price fluctuations — Entitlement to price fluctuation adjustments under oral variation contracts — Validity of plaintiff’s testimony accepted to establish express contractual term — Defendant’s argument on lack of documentary proof and expectation of written contract rejected. Counterclaim — Interest on advances and material costs — No express or implied term to charge interest found — No consistent course of dealings — Interest claim calculated late and not contemporaneously accounted for — Counterclaim dismissed. Plaintiff awarded principal sums and interest at prime plus 1% since respective dates, with costs awarded to plaintiff to be taxed if not agreed.
Legal issues: Entitlement to price fluctuations under oral sub-contract · Counterclaim for interest on advances and materials under sub-contract 25/HY/93
Outcome: Judgment for the plaintiff on the claim for price fluctuations and balances with interest; counterclaim for interest dismissed