Read the full judgment text of HCCT 74/99 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 August 1999 before Deputy Judge Li in Chambers.
Construction law — Contract dispute — Summary judgment — Order 14 application — Sub-contract for hospital refurbishment — Plaintiff sought recovery of unpaid contract sum — Defendant claimed damages for alleged incomplete and defective work — Late affirmation filed by defendant alleging outstanding works costing about $1.7 million — Court applied threshold test from Bhagwandas Kewaleram Murjani v. Bank of India requiring credible triable issue on balance of probabilities — Defendant's affidavit found incredible and inconsistent with project completion certificates, final payments, and defendant's pleadings — Clause 18 of Sub-Contract requiring reasonable notice and actual remedial work to claim costs not satisfied — Plaintiff entitled to partial summary judgment for amount not disputed — Defendant granted leave to defend other claims — Costs awarded to plaintiff in relation to summonses. Partial summary judgment granted for $1,756,004.95 with liberty to continue remaining claims; order nisi on costs payable by defendant.
Legal issues: Applicability of Order 14 summary judgment test · Claim for damages under Clause 18 of the Sub-Contract
Outcome: Partial summary judgment for the plaintiff for $1,756,004.95; defendant granted leave to defend remaining claims