Read the full judgment text of HCCT68/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 October 2008 before Hon Burrell J.
Construction contract dispute — Sub-contract chain involving main contractor Pollard, sub-contractors Leung Kee and Kei Cheong, and plaintiff Shing Fai Engineering Company — Plaintiff claimed payment for works allegedly agreed by separate oral contract with Pollard’s site agent Bernie — Written sub-contracts and addenda contradicted existence of separate oral contract — Site agent found to have no authority to contract — Plaintiff recognized as Kei Cheong’s representative on site — Quantum meruit claim failed as all works were accounted for in written contracts — Plaintiff’s claim dismissed; costs ordered in favor of defendant — Application for appeal dismissed (CACV354/2008).
Legal issues: Existence of separate oral contract · Authority of site agent Bernie to contract · Quantum meruit claim for works performed
Outcome: Plaintiff’s claim dismissed; costs order nisi in Defendant’s favor