Read the full judgment text of HCCT 53/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 July 2007 before Hon Reyes J.
Construction Contract — Variation Work — Summary Judgment — The plaintiff Sincere Air-Conditioning Company Limited claimed $2.8 million from defendant Fortress for installation work completed between 2002-2004, including additional variation works allegedly orally authorised. Fortress denied liability, citing a contractual requirement that variations be in writing, and asserted set-off and counterclaims of approximately $1.5 million. The court found significant factual disputes involving the authorisation and amount of additional works and contested contra-charges. It was held that these issues could not be resolved on affidavit evidence alone without cross-examination, and summary judgment was refused. The plaintiff’s application was dismissed, with costs and consequential orders reserved for further submissions.
Legal issues: Summary judgment appropriateness on balance of payment claim
Outcome: Summary judgment application dismissed
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