Read the full judgment text of HCCT 1/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 14 March 2006 before Deputy High Court Judge To.
Construction contract dispute involving sub-subcontractor (Plaintiff) and sub-contractor Anpoint (Defendant) over variation works and defective work claims under four building projects with W Hing Construction as principal contractor. Plaintiff claimed outstanding contract fees and variation works totaling HK$1,649,899.90; Anpoint admitted part of contract fee but counterclaimed $270,690 for defective works. Projects completed 1998/1999 with disputed rectification. Key legal issues involved authorization and valuation of variation works and Plaintiff’s liability for alleged defects. Significant absence of project documentation led court to draw adverse inferences against Anpoint, affecting credibility of Defendant’s witnesses and defence. Experts largely agreed on valuation except on some items due to insufficient documentation. Court preferred Plaintiff’s evidence over Defendant’s and found Defendant’s counterclaim mala fide and unsupported. Court awarded Plaintiff HK$1,147,899 covering variation works and outstanding fees, dismissed counterclaim, and ordered costs in favour of Plaintiff.
Outcome: Judgment entered for the Plaintiff in the sum of $1,147,899.00 with interest. Defendant’s counterclaim dismissed.