MINTER ELLISON’S Hong Kong office secured a court victory for the Hong Kong Government in its dispute with the Yaumati Ferry Co after years spent trying to resolve an argument over the design of ferry piers.
In the early 1990s, YFC, its holding company Hong Kong Ferry Holdings, and the Government made an agreement to build ferry piers on reclaimed land in Central, Hong Kong.
After changes to the design of the ferry piers were requested by YFC in order to accommodate additional development above the piers, the Government said YFC would have to pay for the costs of the redesign.
YFC disagreed and also alleged the Government was required by “implied terms” to negotiate on the rights for the potential development in “good faith”.
The Hong Kong High Court disagreed on both counts, stating the Government was in principle entitled to reimbursement of its redesign costs.
Minter Ellison’s team, including construction partner Julian Hill and senior associate Steven Yip, have been working with the Government on the matter since 1999.
“We congratulate the Government on this great result. This has been an interesting and complex case, and our team has enjoyed working on it,” said Hill.
Mallesons Stephens Jaques are acting for YFC. The company is appealing the case.