Read the full judgment text of HCCT 111/2003 on BabelCite. This HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS judgment was delivered on 5 November 2004 before Hon Reyes J.
Construction law – Contractual disputes over steel fixing works – Whether Hong Kong Government’s Standard Method of Measurement (SMM) implied as contract term – Court rejects implied application of SMM due to absence of express agreement and trade usage evidence – Disputes over project payments including unit rate calculation and entitlement to additional works and daywork charges – Court prefers defendants’ tonnage figures except in one project – Assessment of entitlement made case by case – Determination that contracts post incorporation were with Mr Tse personally rather than company – Total outstanding sum of $498,408.10 ordered payable by Mr Tse with interest – Claim against Ming Wah dismissed – Costs awarded against Mr Tse including costs caused by late discovery and court costs for discovery application – Interim payment by Ming Wah to be resolved by parties or on further application – Judgment delivered in respect of detailed factual and documentary evidence with careful evaluation of reliability and contract terms.
Legal issues: Implied incorporation of Hong Kong Government’s Standard Method of Measurement (SMM) · Entitlement to payment for Project C12 additional work · Correct calculation of payment on Project C22 Phase 1 · Entitlement to additional payments on Project C22 Phase 2 · Payment basis for projects charged on daywork basis (C24, C29, C35) · Preferred tonnage figures in disputed projects · Determining contracting party post incorporation of Ming Wah
Outcome: Mr Tse is ordered to pay Mr Chau $498,408.10 with interest at 1% over Hong Kong prime from 10 May 2002 until judgment and thereafter at the judgment rate; Mr Chau’s claim against Ming Wah dismissed.
Cited by 1 case