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BeSpark Technologies Engineering Limited v A-Tech M & E Engineering Limited (High Court of Hong Kong HCCT 65/2019)

  1. 30 September 2022Hong Kong

    30 September 2022Hong Kong

    Judgment of the High Court of Hong Kong in the case HCCT 65/2019 dated 30 September 2022

    High Court of Hong Kong

    Case no.
    HCCT 65/2019
    Citation
    [2022] HKCFI 3024
    Decision summary
    The court dismissed BeSpark's abandoned claim and found that BeSpark had repudiated two lump-sum electrical-installation contracts with A-Tech. A-Tech succeeded on its counterclaim and was awarded HKD 1,472,522.53 for work performed before termination and HKD 1,523,402.83 for loss of profits, for a total judgment of HKD 2,995,925.36, with interest from 8 April 2019 at prime plus 1% per annum. The court ordered BeSpark to pay the action and counterclaim costs, subject to taxation if not agreed.

    Supporting details

    7 authorities · 14 participants
    BeSpark Technologies Engineering Limited
    Representative
    Benjamin Chain (For: BeSpark Technologies Engineering Limited)
    Representative
    Leo Wong (For: BeSpark Technologies Engineering Limited)
    Representative
    S K Wong & Co (For: BeSpark Technologies Engineering Limited)
    A-Tech M & E Engineering Limited
    Representative
    David Tsang (For: A-Tech M & E Engineering Limited)
    Representative
    Massie & Clement Solicitors (For: A-Tech M & E Engineering Limited)
    High Court of Hong Kong
    Other
    Witness
    P K Wong
    Witness
    Cyrus Lam
    Witness
    Kong

    Authorities cited

    7
    • RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Production) ([2010] UKSC 14)
      case-law
    • Scammell v Dicker ([2005] EWCA Civ 405)
      case-law
    • Mexon Holdings Ltd v Silver Bay International Ltd ((2000) 3 HKCFAR 109)
      case-law
    • Way v Latilla ([1937] 3 All ER 759)
      case-law
    • Chitty on Contracts (33rd ed), §2-121
      academic
    • Keating on Construction Contracts (11th ed), §§9-060, 104 and 307
      academic
    • Macgregor on Damages (21st ed), §§31-022–31-023
      academic

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BeSpark Technologies Engineering Limited v A-Tech M & E Engineering Limited (High Court of Hong Kong HCCT 65/2019) · Matter