Read the full judgment text of HCCT000048/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 13 October 1997 before The Hon Mr Justice Findlay.
Contract law — Construction services and supplies — Payment dispute — Interest claim — Costs allocation. The plaintiff claimed payment of $712,804 and interest at 2% per month for overdue amounts. The defendant admitted liability and paid $399,889.70 but disputed further sums and interest. The court held the plaintiff could not obtain judgment for amounts already paid. Interest claim was denied due to lack of evidence of an agreed rate. Costs allocation was considered premature pending overall liability determination. The summons was dismissed and plaintiff ordered to pay costs of the application.
Legal issues: Entitlement to judgment for sums already paid · Interest claim without agreed interest rate · Costs allocation pending determination of overall liability
Outcome: Summons dismissed; plaintiff ordered to pay costs of this application