Read the full judgment text of HCCT 55/2010 and HCA 1361/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 December 2012 before Deputy High Court Judge Mayo.
Construction contract — Subcontract for GRP works conditioned on approval of a mock-up by the Architect and Employer — Whether contract conditional upon such approval — Held that Clause 6 imposed condition precedent, contract not effective without approval — Mock-up never approved due to failure by defendant to comply with contractual specifications, absence of fabrication drawings, poor factory management, and lack of mandatory tests — Defendant's alleged ownership and control of factory disputed — Defendant repudiated contract by refusing to return moulds — Plaintiff entitled to recovery of advance payments on restitution basis as contract never effective and defendant failed to claim quantum meruit — Defendant's counterclaim dismissed — Assessment of expert evidence on structural compliance and quantum — Judgment entered for plaintiff with interest and costs. Keywords: Conditional contract, condition precedent, mock-up approval, GRP subcontract, fabrication drawings, quality control, building specifications, restitution, repudiation, expert evidence.
Legal issues: Whether the subcontract was conditional upon mock-up approval · Compliance with the condition precedent for mock-up approval · Liability for failure to obtain approval and consequences
Outcome: Judgment entered for the plaintiff in the sum of HK$987,825.29; defendant's counterclaim dismissed
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