Read the full judgment text of CACV 11/2010 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 8 July 2010 before Hon Rogers VP, Stone J.
Contract Law — Subcontractor nomination — Letter of Intent — Binding contract — Abuse of process — Striking out claim. The plaintiff, a specialist contractor, was nominated to supply and install recycled plastic works by the defendant through a Letter of Intent. No formal subcontract was signed with the defendant; instead, a main contractor, TOP, was involved with whom the plaintiff had a contractual relationship. The plaintiff initiated proceedings against TOP and subsequently sued the defendant for the full contract sum. The court analyzed whether the Letter of Intent constituted a binding contract with the defendant or merely authorized the plaintiff to work as nominated subcontractor under TOP. The court held that the contract was between the plaintiff and TOP, not the defendant. Furthermore, the plaintiff’s subsequent claim against the defendant was struck out as an abuse of process in view of the prior proceedings against TOP covering the same subject matter. Appeal was dismissed and costs awarded to the defendant.
Legal issues: Construction of Letter of Intent and whether it constitutes a binding contract · Appropriateness of striking out the plaintiff’s claim against the defendant as abuse of process
Outcome: Appeal dismissed; plaintiff's claim against defendant struck out as abuse of process
Cited by 2 cases · Cites 1 case