Young's Engineering Co. Ltd. v. Hand Sing Construction Co Ltd

HCA005721/1984

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

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Coram: Mantell, J.

Date of Hearing: 2nd July, 1985.

Date of Delivery of Judgment: 2nd July, 1985.

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JUDGMENT

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1. These two actions were consolidated by order of Master Hansen on the 18th January, 1985. In each of them the Plaintiff who are subcontractors claim moneys due to them from the main contractor, the Defendant in each case.

2. On the pleadings the sums claimed are either admitted or, by virture of the application of 0. 18 r. 13, deemed to be admitted.

3. Mr. Allman-Brown, who appeared for the Defendant, told me at the outset that an offer in settlement which had been made by the Defendant not having been accepted he sought leave to withdraw. I gave leave. The only defence put forward is by way of set off and counterclaim. It is not being pursued and consequently there must be judgment for the Plaintiff in the sums claimed subject to any amount which has been paid already. Therefore, in the first action, there will be judgment in the sum of $2,374,570 which is made up of three sums due to the Plaintiff under certificate Nos. 25a, 26 and 26a.

4. I have to break judgment down into those three sums for the purpose of ordering interest. The first under certificate No. 25a is for $888,570 which was due for payment to the Plaintiff on the 23rd August, 1983. I order interest to be paid on that sum at the rate of 1% over prime prevailing between the 23rd August, 1983 and navy.

5. The second sum is for $1,192,600 arising under certificate No. 26a to which the Plaintiff was entitled to payment no later than the 9th November, 1983 and I order interest to be paid on that sum at the same rate that is 1% over prime throughout the period from then until now.

6. The last sum is one of $293,400 being the release of a retention under certificate No. 26a which was payable to the Plaintiff on the 23rd August, 1983. I order interest to be paid on that at 1% over the prevailing prime rate from that date until now.

7. So far as the second action is concerned, there will be judgment in the sum of $238,973.80 which is the amount of the claim less a sum paid on account. I order interest to be paid at the rate of 1% over the prime from the 8th May, 1984 which was the date on which that sum became due to the Plaintiff.

8. No claim for interest is pursued with regard to the amount paid on account which was presumably paid some time after the 8th May, 1984 nor is the claim for general damages pursued. So there will be judgment in those amounts to the Plaintiff with interest running from the date of judgment until satisfaction at the rate for the time being prescribed by the Chief Justice. The counterclaims in both actions are dismissed with costs. Judgment with costs.

Representation:

Barrie Barrow instructed by Masons & Marriott for Plaintiff.

Kao, Lee & Yip, Solicitors on record for Defendant.