Matter

China State Foundation Engineering Limited v Gold Brilliant Investment Limited (High Court of Hong Kong HCCT 16/2020)

8 February 2021Hong Kong
8 February 2021Hong Kong
Decision of the High Court of Hong Kong in the case HCCT 16/2020 dated 8 February 2021
High Court of the Hong Kong Special Administrative Region, Court of First Instance
Case no.
HCCT 16/2020
Citation
[2021] HKCFI 309
Decision summary
The Court held that Gold Brilliant's claim for liquidated damages for delay was a liquidated and ascertained sum that could be set off against China State Foundation's claim under the dishonoured cheque. It granted Gold Brilliant leave to defend to the extent of that set-off, rejected the alleged conditional-delivery defence, ordered costs in the cause, and directed the parties to submit agreed directions within 14 days.
Supporting details
15 authorities · 9 participants
China State Foundation Engineering Limited
Representative
Jonathan Wong (For: China State Foundation Engineering Limited)
Representative
Leticia Tang (For: China State Foundation Engineering Limited)
Representative
J Chan, Yip, So & Partners (For: China State Foundation Engineering Limited)
Gold Brilliant Investment Limited
Representative
David Chen (For: Gold Brilliant Investment Limited)
Representative
Deacons (For: Gold Brilliant Investment Limited)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
Judge
Mimmie Chan
Other
Witness
Wong Kin Ming
Authorities cited
15
- Safa v Banque de Caire ([2000] 2 Lloyds Rep 600)
  case-law
- W Hing Construction Co v Boost Investments Ltd ([2009] 2 HKLRD 501)
  case-law
- Onway Engineering Ltd v Shun Wing Construction & Engineering Co Ltd (HCA 88/2008)
  case-law
- Re Grande Holdings Ltd ([2016] 1 HKLRD 435)
  case-law
- McGuinness v Norwich and Peterborough Building Society ([2012] 2 All ER (Comm) 265)
  case-law
- In Ex p Ward ((1882) 22 Ch D 132)
  case-law
- Revenue and Customs Commissioners v Maxwell ([2011] Bus LR 707)
  case-law
- Tian Yao (Xiamen) Property Development Company Limited v Chan Shu Chun (HCMP 2396/2015)
  case-law
- Lee Kwok Wing v Chung Chuen Mei ([2012] 4 HKLRD 917)
  case-law
- Hong Kong Civil Procedure 2020
  academic
- Hong Kong Civil Procedure 2021
  academic
- Lewison on The Interpretation of Contracts (2004 edition)
  academic
- Jacobs v Batavia and General Plantations Ltd ([1924] 1 Ch 287)
  case-law
- Hong Kong Bills of Exchange Ordinance
  statute
- Wallis v Smith ((1882) 21 Ch D 243)
  case-law
Direct judgment

China State Foundation Engineering Limited

Gold Brilliant Investment Limited

High Court of the Hong Kong Special Administrative Region, Court of First Instance

Other