Read the full judgment text of HCCT 45/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 April 2006 before Hon Reyes J.
Construction contract dispute — agency and undisclosed principal — Whether OLS as manager had authority to subcontract on behalf of Sun Fook — Court finds no such authority per clear contractual clause requiring Sun Fook's consent not obtained — claim for Sun Fook as undisclosed principal rejected. Inducing breach of contract claim fails as Deed of Novation did not affect existing subcontract and OLS remained obligated to Greatworth. Unjust enrichment claim declined as Sun Fook paid or contracted validly with OLS and Petway, no duty owed to inform Greatworth, and no unconscionability or wrongdoing found. Quantum meruit claim defeated by signed receipts acknowledging no contract with Sun Fook, with duress claim rejected as commercial decision. Collateral contract claim unsubstantiated. Result: Greatworth's claim dismissed; OLS counterclaim dismissed for non-appearance. Costs to be heard subsequently.
Legal issues: Undisclosed principal · Inducing breach of contract · Unjust enrichment · Quantum meruit · Collateral contract
Outcome: Greatworth's claim against Sun Fook dismissed on all grounds; OLS' Counterclaim against Greatworth dismissed.
Cited by 2 cases