Read the full judgment text of HCCT 7/2009 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 March 2010 before Hon Reyes J.
Construction law — Subcontractors' materials — Contractual rights on expulsion — Property versus possession — Employment Ordinance reimbursement — Rental agreements — Evidence assessment — The dispute concerned the value and ownership of materials left on a government roadworks site after expulsion of a sub-sub-contractor, Mr. Law, by the main contractor’s joint venture. Mr. Law claimed compensation for materials, rental fees linked to formwork leased to a third party, and the Joint Venture counterclaimed for unpaid wages paid by it to Mr. Law’s workers under EO s.43F. The court found the Joint Venture had a right to possess and use the materials but retained an obligation to account for their value to the true owner, rejecting the Joint Venture’s claim of ownership and incomplete material surveys. Mr. Law’s evidence on materials’ quantity and value, supported by supplier invoices and credible testimony including the RECKLI catalogue-based re-use rates, was preferred over the Joint Venture’s figures. On rental claims, conflicting and insufficient evidence barred Mr. Law’s entitlement against the Joint Venture or Hang Cheong. Regarding wages, EO s.43F imposed reimbursement liability on Mr. Law for payments the Joint Venture made to his workers, unaffected by unsettled final accounts between other parties. The judgment awarded Mr. Law a net sum of $606,293.07 plus interest, dismissing his claim against Hang Cheong and granting the Joint Venture’s counterclaim for wage reimbursement. Costs and further consequential orders were reserved.
Legal issues: Compensation for materials left on site · Liability for unpaid rental payments for formliners leased to Genesis · Reimbursement of wages paid by the Joint Venture to Mr. Law’s employees
Outcome: Judgment for Mr. Law in a net amount of $606,293.07 after set-off; claim against Hang Cheong dismissed; Joint Venture counterclaim for wages paid upheld.
Cited by 1 case