Read the full judgment text of HCCT000017/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 20 November 1998 before The Hon Mr Justice Findlay.
Contract and commercial law — Building materials supply and installation contracts — Disputes over payment obligations, defects, prolongation, and associated costs — Master contract provisions on credit term and commissions — Liability for minor defects and timing of payment — Financing contract for escalators distinguished from supply contracts — Rejection of defendant’s extensive counterclaims due to lack of evidence and proper pleading. The plaintiff supplied materials and installations to the defendant for various Beijing projects under multiple contracts, including one for financing escalators. The defendant disputed payment obligations pointing to defects, delayed completion, and withholding of employer payments, and claimed prolongation and rectification costs. The court found defendant’s evidence and claims unconvincing, minor defects insufficient to withhold payment, and timing of payment consistent with contract terms. Defendant’s commission entitlement uncontested. Legal and transportation costs claimed by defendant not recoverable. Judgment granted for plaintiff for $4,001,133.56 after commission deduction with costs ordered payable by defendant.
Legal issues: Timing of payment obligation under Corian Round Columns contract · Payment due for granite contract before writ issuance · Validity of defendant’s complaints about escalator contract · Plaintiff’s entitlement to payment despite minor defects · Defendant’s claims for prolongation and rectification costs · Defendant’s entitlement to commission under master contract · Recoverability of legal and transportation costs claimed by defendant
Outcome: Judgment for the plaintiff in the sum of $4,001,133.56 after deducting commission payable to the defendant; other defendant counterclaims dismissed.