Brington Engineering Ltd v. Cheerise Asia Ltd

Read the full judgment text of HCCT2/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 18 August 2011 before Deputy High Court Judge Cheng, SC.

Construction and arbitration proceedings involving BRINGTON ENGINEERING LTD (Plaintiff) and CHEERISE ASIA LTD (Defendant). The court corrected the previous judgment paragraph to clarify that the plaintiff must pay the defendant $219,918.45 (being $751,918.45 less $532,000) with interest from the date of judgment. Costs are ordered against the plaintiff to pay the defendant on a party and party basis, taxed on District Court scale if not agreed. The corrigendum rectifies a prior error reversing the party liable for costs. Judgment date is 18 August 2011, with the corrigendum dated 30 August 2011.

Outcome: The plaintiff is ordered to pay the defendant a final sum of $219,918.45 with interest from the date of judgment.

Case No.HCCT2/2010
Court
高等法院原訟法庭
Date18 Aug 2011
JudgeDeputy High Court Judge Cheng, SC
Case Document
100%Judiciary

HCCT2/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. 2 OF 2010

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BETWEEN

  BRINGTON ENGINEERING LTD Plaintiff
and
  CHEERISE ASIA LTD Defendant

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Before : Deputy High Court Judge Cheng, SC in Court

Dates of Hearing : 12-15 April 2011

Date of Judgment : 18 August 2011

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C O R R I G E N D U M

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The following paragraph to be added after paragraph 85 and becomes paragraph 86 on page 31:

“In the Scott Schedule, items 1 to 35 identified the agreed items representing an amount of $751,918.45 to be paid by the plaintiff to the defendant. In the premises, the final amount to be paid to the defendant is in the sum of 219,918.45 ($751,918.45 less $532,000) with interest from the date of the judgment.”

The old paragraph 86 becomes new paragraph 87 on page 31:

“I make an order nisi that the defendant shall bear and pay the costs of the plaintiff on a party and party basis and to be taxed if not agree on District Court scale.”

should read

“I make an order nisi that the plaintiff shall bear and pay the costs of the defendant on a party and party basis and to be taxed if not agree on District Court scale.”

Dated this 30th day of August 2011

(Danny Tse)
Clerk to DHCJ Cheng, SC
Other Judgments in This Case

Further hearings and rulings under HCCT2/2010