Read the full judgment text of HCCT 56/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 January 2009 before Hon Burrell J.
Construction law — Tort of detinue and conversion — Liability for use and wrongful detention of scaffolding equipment — No binding oral contract found for post 8 May 2001 hire charges — Liabilities of contractors and subcontractors — Determination of possession and demand requirements in complex construction site context — Assessment of damages based on reasonable hire charge for period of use — Liability for missing property denied due to insufficient evidence — Costs ordered partially for plaintiff. AES supplied scaffolding to Tonge, which left site but contract not terminated; Paul Y as main contractor used scaffolding post Tonge's departure. Court rejected AES’s attempt to establish breach of contract claim against Paul Y, holding instead that liability arose in tort for wrongful detention of scaffolding in use. Court found Paul Y liable for reasonable hire costs from 8 May to 30 November 2001 but not for missing scaffolding. Final judgment awarded AES $590,994.34 plus interest, and Paul Y ordered to pay 50% of costs.
Legal issues: Breach of contract claim validity · Liability in conversion and detinue for scaffolding use and possession · Liability for missing scaffolding · Liability of Paul Y given lack of contract with Shun Fat
Outcome: Judgment for the plaintiff against Paul Y for $590,994.34 plus interest; 2nd defendant to pay 50% of plaintiff’s costs
Cited by 1 case