Read the full judgment text of CACV 36/2007 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 21 May 2008 before Hon Rogers VP, Le Pichon JA, Barma J.
Contract Law — Sub-contracting — Back-to-back contract — Recovery of wages paid and counterclaim — Industrial diesel oil cost — Whether fuel cost recoverable by plaintiff from defendant — Court holds cost attributable to front line work generators is recoverable. Liability for penalty charges imposed for damage to water mains — Insurance covering subcontractors held, failure to claim insurance limits defendant’s liability to policy excess. ICE services charge for first and subsequent certification — Recovery limited to once-off certification absent evidence of need for second certification. Obligation to provide site agent under main contract remains with plaintiff notwithstanding subcontracting. Liquidated damages for delay calculated by reference to sub-contract period of delay; recovery of additional insurance premium precluded by liquidated damages clause. Costs order below adjusted; defendant entitled to majority costs due to partial success and no improper conduct. Appeal partly allowed with directions for costs and agreed order to be submitted.
Legal issues: Industrial diesel oil cost liability · Penalty charges for damaging water mains · ICE services charges · Responsibility for site agent costs · Liquidated damages and additional insurance premium · Costs order
Outcome: The appeal allowed in part; costs order below set aside and replaced by order that defendant be entitled to 75% of its costs below; specific issues allowed or disallowed as summarized in legal issues.