Read the full judgment text of CACV 325/2008 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 23 October 2009 before Hon. Tang V-P, Yuen JA and Wright J.
Civil procedure – Contract – Oral assurances and verbal contract – Sub-contract for supply and installation of kitchen equipment in phased residential development – Defendant requested premature installation before completion of other building works – Resulting damage required repairs – Whether Defendant’s representatives made binding oral assurances to ensure payment for repairs – Trial judge’s findings of fact – Role of appellate court in reviewing primary facts – Quantum of damages based on damaged items recorded on tick sheets – Whether profit markup appropriate – Held that oral assurances were given and constituted contractual promise – Trial judge’s credibility findings upheld – Damages award affirmed with slight allowance above recorded damages for repeated repair – Appeal dismissed and costs ordered against Defendant.
Legal issues: Existence and binding nature of oral assurances · Appropriate quantum for damages
Outcome: Appeal dismissed; Defendant ordered to pay Plaintiff’s costs of appeal
Cited by 1 case