Shing Fat(A Firm) v. Chan Sum

HCA007419/1980

BETWEEN

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Coram: Penlington J.

Date: 24 February 1982

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JUDGMENT

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1. The Plaintiff Company in this action alleges that the Defendant failed to complete a contract which he had entered into to cut-up a steel dry-dock gate at the old Taikoo Dockyards, thus requiring it to re-contract the work at much higher cost.

2. The Defendant's case is that it was agreed between himself and the Plaintiff that he was only to be responsible for cutting work above water and that the Plaintiff agreed that it would raise the gate above the water so he could do his work. That was not done. He is not a diving contractor and knows nothing about cutting steel under-water.

3. I believed the Defendant's evidence and I did not find the Plaintiff's evidence to be satisfactory. I am satisfied there was such a collateral agreement as alleged by the Defendant. The Defendant is entitled to the sum still owing on the contract, $27,000, less the sum of $7,000 advanced to him and the sum of $19,257, the value of scrap steel be removed. That leaves a balance of $743. The Defendant is also entitled to the return of the tools detained by the Plaintiff, to be handed over on the 25th February.

4. The Defendant to have his disbursements.

Representation:

Mr. R. E. Mayne (Kao, Lee & Yip) for the plaintiff.

Defendant in person.