Read the full judgment text of CACV 188/2010 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 30 March 2011 before Hon Le Pichon JA, Hon Kwan JA, Hon A Cheung J.
Civil procedure — Appeal — Evidence — Admission of arbitration statements — Exception to confidentiality where disclosure is required in interests of justice — Court rejects challenge to admissibility and use of arbitration statements impacting witness credibility. Contract law — Construction contracts — Variation orders — Validity of oral variation instructions confirmed by invoicing — Court upholds finding of acceptance despite absence of signature. Construction defects — Burden of proof on defects claims — Evidence of occupation and lack of approved specifications undermine defect claims — Counterclaim dismissed. Damages — Assessment of profit on partial works — Accepted expert valuations and contract rates justify 30% profit figure. The High Court’s judgment ordering defendant to pay plaintiff over $17 million for unpaid works was upheld on appeal. The appeal failed on all significant grounds including admissibility of evidence, validity of counterclaim, and quantum determination.
Legal issues: Admission of arbitration statement as evidence · Reliability of the defendant’s counterclaim for defects · Validity and acceptance of variation orders without signature · Assessment of profit percentage for partially completed work
Outcome: Appeal dismissed; judgment of Saunders J affirmed requiring defendant to pay plaintiff $17,316,533.11 with interest and costs.
Cited by 2 cases