Read the full judgment text of HCCT 35/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 13 January 2009 before Hon Burrell J in Chambers.
Construction dispute — subcontract for Interior Fitting Out works — summary judgment — Order 14 application — despite detailed defence, contract sum dispute representing approx 3% of contract value warranted trial — substantial variation claim challenged as unauthorized and undocumented, not suitable for summary judgment requiring payment into court — counterclaim for delay rejected for lack of pleaded terms and evidence — partial summary judgment granted for portion of claim plus interest — conditional leave to defend granted on remainder with requirement for security payment into court — costs reserved to cause.
Legal issues: Counterclaim issue · Contract Sum issue · Variations issue
Outcome: Partial summary judgment for plaintiff for $1,210,633.34 plus interest; conditional leave to defend for residue subject to payment of HK$2.5 million into court; costs in the cause.