Read the full judgment text of HCCT 108/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 April 2005 before Hon. Reyes J.
Construction contract dispute involving sub-contract works for the Ma On Shan Area 77 housing project phases 1 to 3. Key issues included the incorporation of an alleged trade custom that payment for extra works required certification by the Housing Authority’s Quantity Surveyor before payment was due, and whether Kin Shing's quotations for variation works had been agreed. The Court found the alleged custom not sufficiently notorious or certain to be implied into the contract, noting inconsistent and unreliable evidence from Vinson's witnesses. The Court accepted Kin Shing’s evidence that certain quotations (Quotations 25 and 26) were orally agreed by Vinson’s representative, despite lack of contemporaneous written confirmation. The Court rejected Vinson’s claims for deduction based on failure to provide routine inspections and English-speaking foremen, finding no contractual obligation for the same. Kin Shing was awarded the unpaid balance totaling HK$1,635,727.80 plus interest. Attempts by Vinson to amend defence to add counterclaim were refused for lateness. The judgment provides detailed analysis of contractual interpretation, trade custom, and evidentiary considerations in sub-contract payment disputes under Housing Authority projects.
Legal issues: 是否可將支付額需由屋宇署工程量師驗證認證作為合同隱含條款 · Quotations 25及26是否已獲Vinson同意 · 是否Kin Shing應因未提供英語能溝通的工地監督人而被扣款 · Vinson是否可扣除Kin Shing未履行常規巡檢義務所產生的費用
Outcome: Kin Shing勝訴，獲判支付欠款共計$1,635,727.80港元，另計由提起訴訟日起至判決日止按香港銀行基本利率加1%的利息，及判決日後按判決利率計息。
Cited by 3 cases