XCHRX WORLD ASIA DESIGN & CONTRACTING LTD. v. CHINA UNITED HOLDINGS LTD.

HCA 5156/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5156 OF 1999

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J U D G M E N T

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1. This is the plaintiff's application for judgment on admissions, on a claim for work done by the plaintiff for the defendant of a value amounting to $5,608,754. I am not satisfied that any of the documents said in the plaintiff's summons to be admissions contains a clear and unequivocal admission of liability and therefore I am not prepared to give judgment for the plaintiff on this ground. The plaintiff advances an alternative claim for summary judgment for this amount or part of it, but there are disputes as to the value of the work done which can only be resolved at a trial. I shall therefore give the defendant unconditional leave to defend the action. Costs will be costs in the cause.

Directions

2. Defendant to have leave to file amended defence and counterclaim within 7 days from today; otherwise, standard directions.