Arbitral Digest

Matter

Ipson Renovation Limited v Incorporated Owners of Connie Towers (Hong Kong High Court HCCT 26/2014)

  1. 16 December 2016Hong Kong

    16 December 2016Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 26/2014 dated 16 December 2016

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

    Case no.
    HCCT 26/2014
    Citation
    HCCT 26/2014
    Decision summary
    The court held that the Incorporated Owners of Connie Towers repudiated the construction contract by indefinitely suspending the works, seeking material omissions, and insisting on a reduced contract sum. Ipson Renovation Limited accepted the repudiation by its 19 July 2013 letter and, at the latest, by its notice of arbitration. The court dismissed the counterclaim, found that Ipson Renovation Limited was not in breach for failing to resume the works in January 2014, gave the parties liberty to apply for directions on damages, and ordered costs in favour of Ipson Renovation Limited subject to taxation if not agreed.

    Supporting details

    9 authorities · 11 participants
    Ipson Renovation Limited
    Representative
    Anthony Chow (For: Ipson Renovation Limited)
    Representative
    Tung, Ng, Tse & Heung (For: Ipson Renovation Limited)
    Incorporated Owners of Connie Towers
    Representative
    Calvin Cheuk (For: Incorporated Owners of Connie Towers)
    Representative
    Terrence Tai (For: Incorporated Owners of Connie Towers)
    Representative
    Charles Yeung Clement Lam Liu & Yip (For: Incorporated Owners of Connie Towers)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance
    Other
    Witness
    Siu
    Witness
    Fong
    Witness
    Tsoi

    Authorities cited

    9
    • Tancred Arrol & Co v The Steel Company of Scotland Ltd ((1890) 15 App Case 125)
      case law
    • SWI Ltd v P&I Data Services Ltd ((2007) BLR 430)
      case law
    • Abbey Developments Ltd v PP Brickwork Ltd ([2003] EWHC 1987 (Technology))
      case law
    • Trustees of The Stratfield Saye Estate v AHL Construction Limited ([2004] EWHC 3286 (TCC))
      case law
    • Ross T Smith & Co v Bailey, Son & Co ([1940] 3 All ER 60)
      case law
    • BV Oliehandel Jongkind v Coastal International Ltd ([1983] Lloyd's Rep 463)
      case law
    • The Ekha ([2010] 1 Lloyd's Law Reports 543)
      case law
    • Hudson on Building and Engineering Contracts, 13th edition
      academic
    • Chitty on Contracts, Volume 1, 22nd edition
      academic

Matter record

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Ipson Renovation Limited v Incorporated Owners of Connie Towers (Hong Kong High Court HCCT 26/2014) · Matter