Read the full judgment text of CACV 120/2012 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 15 March 2013 before Hon Fok, Lam JJA and McWalters J.
Contract Law — Sub-sub-contracting — Works Orders — Withdrawal and Reduction of Works — Proof of Damages — Evidence — Pre-judgment Interest — Costs — Burden of Proof. The Plaintiff, a sub-sub-contractor, claimed damages for wrongful withdrawal or reduction of works under certain Works Orders issued by The Link and sub-contracted by the Defendant. The trial court found the Plaintiff failed to prove the extent of the works withdrawn and its loss of profits, partly due to unreliable estimated values and the inadmissibility of financial statements due to late disclosure and insufficient supporting documentation. The appellate court upheld these findings, emphasizing the Plaintiff’s burden to present a full and clear case on damages. The appellate court also upheld the trial judge’s discretion to refuse pre-judgment interest from writ date to amendment date due to substantial amendments to pleadings that changed the claims’ clarity. Costs of the counterclaim were confirmed as included within costs of the action awarded to the Plaintiff. Appeal dismissed with costs.
Legal issues: Proof of damages for wrongful withdrawal or reduction of works · Discretion to award pre-judgment interest · Costs of counterclaim included in costs of action
Outcome: Appeal dismissed with costs
Cited by 1 case · Cites 2 cases