C & C Management Consultants Ltd v. Top Profit Construction Engineering Ltd

DCCJ 1545/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO.1545 OF 2004

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BETWEEN

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Coram:  Deputy District Judge S. T. Poon in Court

Date  of Hearing:  26^th July 2006

Date of Delivery of Judgment: 26^th July 2006

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J U D G M E N T

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1.The Plaintiff is a company providing consultancy services to construction contractors.  The Defendant is a building contractor.

2.On or about August 2002 the Plaintiff started to provide quantity surveying services to the Defendant.  An agreement dated 25^th June 2003 was signed by parties evidencing the terms of the service agreement between them since August 2002.

3.As at 18^th February 2004, as evidenced by a statement of overdue fee invoices prepared by the Plaintiff, the outstanding consultancy fees owed by the Defendant amounted to HK$672,000.00.

4.The Plaintiff claims for this sum in the present action.

5.The Defendant alleged in the Defence that the services provided by the Plaintiff were not up to standard constituting a breach of the service agreement.  It also alleged that because of the Plaintiff’s said breach, it has to put in extra labour and suffered damages to the extent of more than a million dollars.

6.The Defendant does not turn up this morning.  Upon satisfying that the Defendant has been properly informed of the trial dates, I decided to proceed with the trial in its absence.

7.The Plaintiff called 2 witnesses.  Their evidence is not challenged at trial and I am satisfied that they are honest and credible witnesses.

8.Mr. Cheung, a Quantity Surveyor working for the Plaintiff, explained to me how he came up to the final account of the outstanding fees and referred me to the relevant documents of the Defendant in his evidence.

9.Mr. Lam, also a Quantity Surveyor and a director of the Plaintiff, testified that the final account has been presented to the Defendant in a meeting and there was no objection raised by it.

10.I am satisfied that the final amount calculated by the Plaintiff is an accurate figure of the outstanding fees owed by the Defendant to the Plaintiff under the terms of the service contract.

11.As regard the complaints made by the Defendant as to the Plaintiff’s performance, they were not particularized anywhere in the Defendant’s pleadings, even upon formal request by the Plaintiff.  Moreover, no evidence is submitted by the Defendant to prove the Plaintiff’s alleged substandard performance.  They are mere bare allegations and I have no hesitation to reject them totally.

12.In relation to the counterclaim of the Defendant, it basically stems from the alleged substandard performance of the Plaintiff and is also unsubstantiated by any evidence.  Again, I reject it in total.

13.Accordingly, I order that judgment be entered in favour of the Plaintiff against the Defendant for the sum of HK$672,600.00 and interest thereon at Judgment Rate from the day of the issuance of the Writ until payment.

14.I see no reason why costs should not follow the event and I order that costs of the action be to the Plaintiff to be taxed if not agreed, with certificate of counsel.

Ms. Rita So instructed by Messrs Huen & Partners for the Plaintiff.

Defendant in person, absent.