WO HING ENGINEERING LTD. v. TYCO ENGINEERING & CONSTRUCTION (HONG KONG) LTD.

CACV001120A/2000

CACV 1120/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 1120 OF 2000

(ON APPEAL FROM HCCT NO. 40 OF 1999)

__________________________

BETWEEN
WO HING ENGINEERING LIMITED Plaintiff
AND
TYCO ENGINEERING & CONSTRUCTION (HONG KONG) LIMITED Defendant

__________________________

Coram: Hon Rogers VP, Le Pichon JA and Ma J in Court

Date of Hearing: 12-13 March 2002

Date of Judgment: 17 April 2002

Date of Addendum to Judgment: 29 April 2002

_______________________________

ADDENDUM TO JUDGMENT

_______________________________

Hon Le Pichon JA:

1. In the judgment handed down on 17 April 2002, two matters had been overlooked. First, the judge had given judgment in favour of WoHing in the sum of $4,783,102 which comprised of two separate amounts one of which was the sum of $717,688. The appeal was againstthe aggregate sum awarded. By the time of the appeal, Tyco had abandoned its appeal in relation to the award of $717,688. The judgmentof 17 April dealt only with the amount involved in the substantive appeal. Accordingly, the judge’s order in relation to this sumof $717,688 together with interest at prime rate plus 1% from 24 April 1999 until full payment should stand.

2. Second, the costs order made on 17 April 2002 did not specifically deal with the costs order made by the judge below. Since Wo Hinghas succeeded in its appeal, it should also be entitled to the costs below.

Hon Ma J:

3. I agree.

Hon Rogers VP:

4. I agree. The order on the appeal will therefore include the matters referred to herein.

(Anthony Rogers) (Doreen Le Pichon) (Geoffrey Ma)
Vice-President Justice of Appeal Judge of the Court of First Instance

Representation:

Mr Peter Graham, instructed by Messrs Deacons, for the Plaintiff/Respondent

Mr Peter Clayton, instructed by Messrs Denton Wilde Sapte, for the Defendant/Appellant