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HCCT000040M/1999
HCCT 40/1999
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTRUCTION AND ARBITRATION PROCEEDINGS
NO.40 OF 1999
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| BETWEEN |
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WO HING ENGINEERING LIMITED |
Plaintiff |
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AND |
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TYCO ENGINEERING & CONSTRUCTION (HONG KONG) LIMITED |
Defendant |
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Coram: Hon Burrell J in Court
Dates of Hearing: 11, 12, 14, 15, 18-21 and 25 September 2000
Date of Written closing submissions received: 6 October 2000
Date of Written replies received: 10 and 30 October 2000
Date of handing down judgment: 8 November 2000
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CORRIGENDUM
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I have agreed to make two corrections under the slip rule to the figures in the judgment as follows :
(i) On page 22, the figure at (g)(iii) should be $3,686,000.
(ii) The corrected consequential arithmetic at (g)(iii) should therefore be $73,919,354.
The consequential adjustment to the figures between pages 22 and 28 are as follows :
Page 22(i) to (iv) :
| (i) |
Cost to 31 August 2000 |
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External |
72,230,354.00 |
(agreed) |
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Internal |
5,200,000.00 |
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| (ii) |
Projected costs to completion |
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External |
See below |
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Internal |
175,000.00 |
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77,605,354.00 |
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| (iii) |
Less credit variation |
3,686,000.00 |
(agreed) |
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73,919,354.00 |
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| (iv) |
Add labour |
1,150,000.00 |
(agreed) |
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75,069,354.00 |
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Page 25 lines J and K now read :
"The equivalent figure from paragraph (g) was $75.07 million (a profit of $8.03 million)".
Page 26 lines B and C now read :
"The final figure is therefore $76,569,354.00. Taking the latest certified work done figure of $83,100,000.00, the profit is $6,530,646.00".
Line F reads :
"There is a difference of $1,779,354.00."
Page 27 line S reads :
"The total sum to be paid by the defendant to the plaintiff in respect of these proceedings is $4,783,102.00".
Page 28 reads :
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$ |
$ |
| (i) |
Shortfall in reasonable profit on Olympic Towers |
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1,779,354.00 |
| (ii) |
Net value of 3% fee |
2,400,000.00 |
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113,940.00 |
2,286,060.00 |
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4,065,414.00 |
| (iii) |
Agreed claim for seconded staff |
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717,688.00 |
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4,783,102.00 |
Page 29 reads :
(i) In the sum of $4,065,414.00. ....
Dated the 14th day of December 2000
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(M.P. Burrell) |
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Judge of the Court of First Instance |
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