Read the full judgment text of HCCT 81/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 February 2007 before Deputy High Court Judge To.
Construction Law — Contract dispute — Oral promises by superior sub-contractors and main contractor to pay sub-contractor despite financial difficulties of immediate contractor — Plaintiff alleged 2nd Defendant promised payment on completion of works (2nd Contract) and 3rd Defendant promised payment at site meeting (3rd Contract). Plaintiff completed works based on these alleged promises but payments defaulted. Court examined consistency and credibility of Plaintiff’s witness and documentary evidence. Found Mr Gu’s diary and evidence disproved alleged meeting and promise by 2nd Defendant. Plaintiff’s inconsistent versions and inherent improbability undermined credibility. Quantum meruit claims too inadequately pleaded and unsupported. Regarding 3rd Defendant, credible witnesses indicated offer to pay directly was withdrawn after Plaintiff’s rejection; no concluded contract or binding promise. Misrepresentation and quantum meruit claims also failed. Final outcome: Plaintiff’s claims against 2nd and 3rd Defendants dismissed with costs orders against Plaintiff. No binding oral contracts or representations established.
Legal issues: Existence and terms of the 2nd Contract · Validity of claim based on quantum meruit against the 2nd Defendant · Existence and terms of the 3rd Contract · Claim for misrepresentation against 3rd Defendant · Quantum meruit claim against 3rd Defendant
Outcome: Plaintiff's claims against the 2nd and 3rd Defendants dismissed.