Read the full judgment text of HCCT 91/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 October 2005 before Hon Reyes J in Chambers.
Construction law — Payment disputes — Set-off of uncertified invoice payments against certified sums — Summary judgment application — Consolidated actions — Effect of interlocutory rulings and res judicata — Whether party is entitled to appropriate payments before certification — Court reviews procedural and substantive issues — No summary adjudication possible due to factual disputes and need for trial — Application for partial judgment refused — Directions given for expediting trial. Wing Lee claimed payments for certified sums minus counterclaims; Johnson Controls counterclaimed and asserted set-off against uncertified payments. Master Hui earlier suggested no set-off entitlement for Johnson Controls but granted leave to defend. High Court held interlocutory rulings do not preclude trial arguments on set-off. Factual disputes regarding understanding and agreements about payment appropriation require trial assessment. Withdrawal of a related action did not amount to election barring argument. Summary judgment refused; parties urged to proceed to trial swiftly; costs to be addressed after.
Legal issues: Whether Johnson Control is entitled to set-off Sum A against Sum Z
Outcome: Wing Lee's application for partial summary judgment is refused; matter directed to trial.