RADNOR LTD. v. SANKO AIR-CONDITIONING ENGINEERING LTD.

HCA 11060/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 11060 OF 1999

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J U D G M E N T

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1. The Plaintiff's claim is for price due in respect of goods supplied and installed pursuant to purchase orders placed by the Defendant.

2. Two projects were involved:

(1) The Primary Health Care Centre and Nursing Home for the Elderly at Kowloon Bay in respect of which the Plaintiff supplied and installed certain kitchen equipment.

(2) A new plant of Nanyang Brothers Tobacco Co. Ltd in Tuen Mun in respect of which the Plaintiff supplied and installed certain equipment in particular 4 air washes.

3. The Plaintiff claims an alleged unpaid balance in respect of the Kowloon Bay Project of $204,100.00 and in respect of the Tuen Mun Project of $161,214.00.

4. The Defendant has filed a defence and counterclaim alleging defects in respect of the goods supplied and their installation.

5. It has not, however, appeared at the trial today, although the trial date was fixed in April this year at a time it was legally represented. There is therefore no evidence before the court of any defect either in the equipment or in its installation.

6. The court has heard the oral evidence of Mr Jacky Yung Chun Ting, the Marketing Manager of the Plaintiff, who was in charge of both projects and Mr Leung Kwor Hung, who was Maintenance Supervisor of the Plaintiff and inspected the works after they had been completed. Both witnesses adopted their witness statements of 29 September 2000 and 25 January 2000 respectively.

7. I find the Plaintiff has proved its case. I give judgment for the Plaintiff in the sum of $365,314.00. I dismiss the Defendant's counterclaim. The Plaintiff's costs of the claim and counterclaim be taxed and paid by the Defendant.