Read the full judgment text of CACV 1120/2000 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 28 October 2002 before Hon Rogers VP, Le Pichon JA and Ma J.
Civil appeal concerning amendment of a Court of Appeal order under the slip rule. The plaintiff, Wo Hing Engineering Limited, was subcontractor under a contract valued at $80 million with a 3% profit entitlement. The defendant, Tyco Engineering & Construction (Hong Kong) Limited, failed to complete the work, causing Wo Hing to incur additional costs beyond the contract price. The initial Court of Appeal order specified a damages formula including '3% of the contract price plus any shortfall between actual costs and 97% of the contract price.' However, this formula did not correspond to the court’s intended principle that the plaintiff should receive its contracted 3% profit plus any additional incurred costs in full. Applying Order 20 rule 11 of the Rules of the High Court, the court allowed an application under the slip rule to correct the formula by deleting '97% of' to properly reflect the intended damages calculation. The order dated 17 April 2002 was thus amended accordingly.
Legal issues: Slip rule amendment of court order formula
Outcome: Order amended to delete the words '97% of' from paragraph 1(3) of the 17 April 2002 order
Cited by 7 cases