Read the full judgment text of HCCT38/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 July 2006 before Deputy High Court Judge Poon.
Construction law — Subcontracts and payments — Allegation of oral agreement and collateral guarantee — Plaintiff subcontracted works via 1st defendant, alleged direct liability of 2nd defendant as head contractor under oral arrangements — 1st defendant wound-up, proceedings stayed — Plaintiff failed to prove existence and enforceability of alleged oral agreements and guarantee — Key witness found inconsistent, evidence contradicted by contemporaneous documents, admissions, and credible witnesses — Late amendments to pleadings undermined credibility — 2nd defendant’s evidence accepted — Claim against 2nd defendant dismissed with costs.
Legal issues: Existence and enforceability of the Oral Agreement, New Arrangement, and Collateral Guarantee
Outcome: Plaintiff's claim against the 2nd defendant dismissed with costs.
Cited by 2 cases