Read the full judgment text of HCCT 82/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 March 2006 before Mr Recorder Edward Chan, SC.
Construction contract dispute involving main contractor Hanison Construction Company Limited and subcontractor Diamond Term Limited. The Defendant subcontracted to complete renovation at Wylie Court but breached the contract by defective workmanship, delay, failure to pay workers, and non-completion. The Court held the Defendant liable to reimburse the Plaintiff for wages paid under statutory obligation and damages for defective work, delay, and additional costs. Administrative charge claims were disallowed as penalty provisions. The Defendant was entitled to set off unpaid work value against damages. Final judgment awarded Plaintiff HK$4,497,252 with interest and costs.
Legal issues: Liability for unpaid wages and statutory claims · Defective workmanship and consequent damages · Damages for delay and extra supervision costs · Set-off of unpaid work value against damages · Validity of administrative charges clause
Outcome: Judgment for Plaintiff for the net sum of HK$4,497,252 plus interest and costs.