Read the full judgment text of HCCT 8/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 August 2008 before Hon Reyes J.
Construction contract dispute — Sub-subcontract between Tapbo and Tai Sang for formwork work on MTR Tseung Kwan O project — Tai Sang’s workers delayed/stopped work in May 2001 due to financial difficulty — Milestone Agreement reached with $1.75 million advance conditional on completion — Tai Sang workers refused to complete in July 2001 — Tapbo terminated contract and engaged substitute contractor — Tai Sang obstructed substitute, injunction granted — Tapbo claims damages for repudiation; Tai Sang counterclaims for unpaid sums and lost profits. Court considered competing claims for additional workers, formwork material deductions, materials left on site, lost profits, contra-charges, remedial work and penalty payments. Court held the claim for additional workers valid despite vouchers unsigned by approving officer; rejected Tai Sang’s claim for over-deduction of formwork materials due to insufficient evidence; dismissed claim for materials left on site; affirmed Tapbo’s right to terminate for repudiation and rejected lost profit claim; refused Tapbo’s further contra-charge claims for lack of detail and evidence; disallowed claims for remedial works or damage for lack of proof; disallowed penalty payments claimed due to lack of evidence. Final net amount due from Tai Sang to Tapbo was $123,169.05 with interest. Costs awarded to Tapbo to be taxed on High Court scale considering lengthy litigation and specialist nature of the case.
Legal issues: Claim for cost of additional workers · Claim for alleged over-deduction of $143,090 for formwork materials · Claim for value of materials left on site · Claim for lost profit due to premature termination · Claim for additional contra-charges over agreed sum · Claim for remedial work or damage · Claim for penalty payments due to unsafe work practices
Outcome: Judgment for Tapbo Limited against Tai Sang for $123,169.05; interest awarded; Tai Sang to pay Tapbo’s costs on High Court scale, taxed if not agreed.