Matter
Eternity Contracting & Engineering Company Limited v The Jardine Engineering Corporation, Limited (High Court of Hong Kong HCCT 33/2007)
- 12 September 2003Arbitration
12 September 2003Arbitration
Instruction to Sub-contractor for KCRC – P/D Installation
Supporting details
3 participantsEternity Contracting & Engineering Company Limited
The Jardine Engineering Corporation, Limited
- Representative
- Leung Kam Fai (For: The Jardine Engineering Corporation, Limited)
13 years, 2 months and 5 days later · 4815 days
- 17 November 2016Hong Kong
17 November 2016Hong Kong
Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 33/2007 dated 17 November 2016
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Decision summary
- The court held that the Instruction to Sub-contractor was a conditional contract that required confirmation by a Work Order, and no Work Order was issued. The plaintiff therefore could not recover payment for labour or materials. Independently, the plaintiff failed to prove its claim on the balance of probabilities. The court dismissed the action and made a costs order nisi requiring the plaintiff to pay the defendant’s costs.
Supporting details
3 authorities · 13 participantsEternity Contracting & Engineering Company Limited
- Representative
- Solomon Lam (For: Eternity Contracting & Engineering Company Limited)
- Representative
- Cheung & Liu (For: Eternity Contracting & Engineering Company Limited)
The Jardine Engineering Corporation, Limited
- Representative
- James Niehorster (For: The Jardine Engineering Corporation, Limited)
- Representative
- Holman Fenwick Willan (For: The Jardine Engineering Corporation, Limited)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Judge
- Louis Chan
Other
- Witness
- Chung Tak Leung
- Witness
- Leung Kam Fai
- Witness
- Fong Sai Keung
- Witness
- Mak Chun Kei
- Witness
- Iu Shui Keung
- Witness
- Yu Hing Wai