J.E.T. JUDICIAL EXTERNAL TRADING S.A v. OMTIS LTD.

J.E.T. JUDICIAL EXTERNAL TRADING S.A v. OMTIS LTD.

The hearsay documentary evidence (meeting record, expense breakdown and invoices) proved the 2nd defendant's contractual liability to contribute 50% of promotional expenses, entitling the plaintiff by counterclaim to judgment for HK$171,413.60 with interest from the dates specified in the meeting minutes and costs on the common fund basis due to the defendant's default and overseas status.

Citation
J.E.T. JUDICIAL EXTERNAL TRADING S.A v. OMTIS LTD.
Parties
Plaintiff; 1st Defendant by Counterclaim: J.E.T. Judicial External Trading S.A.; Defendant; Plaintiff by Counterclaim: OMTIS LIMITED; 2nd Defendant by Counterclaim: Techni Passion International S.A. (formerly trading as Muller-Fritz S.A.)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 December 1990
Case Number
HCA8148/1988
Procedural Posture
Commercial Civil / Assessment of Damages Following Interlocutory Judgment
Outcome
Judgment for plaintiff by counterclaim against the 2nd defendant for HK$171,413.60 with interest at the judgment rate from the specified dates; costs awarded on a common fund basis.
Legal Topics
Contribution to Promotional Expenses, Hearsay Evidence, Default Judgment, Interest on Judgment, Costs Common Fund
Source Language
EN
Contract Civil Procedure Evidence Costs International Commercial Law Contribution to Promotional Expenses Hearsay Evidence Default Judgment +2 more

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Parties

J.E.T. Judicial External Trading S.A.

Plaintiff; 1st Defendant by Counterclaim

OMTIS LIMITED

Defendant; Plaintiff by Counterclaim

Techni Passion International S.A. (formerly trading as Muller-Fritz S.A.)

2nd Defendant by Counterclaim

Procedural Posture

Commercial Civil / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Whether the 2nd defendant is liable to contribute to promotional expenses as agreed
  2. 2 Whether hearsay documentary evidence suffices to prove the counterclaim in the defendant's absence
  3. 3 Appropriate dates from which interest should run on the awarded sums

Ratio Decidendi

The hearsay documentary evidence (meeting record, expense breakdown and invoices) proved the 2nd defendant's contractual liability to contribute 50% of promotional expenses, entitling the plaintiff by counterclaim to judgment for HK$171,413.60 with interest from the dates specified in the meeting minutes and costs on the common fund basis due to the defendant's default and overseas status.

Court Disposition

Judgment for plaintiff by counterclaim against the 2nd defendant for HK$171,413.60 with interest at the judgment rate from the specified dates; costs awarded on a common fund basis.

Orders

  • Awarded HK$171,413.60 to plaintiff by counterclaim against the 2nd defendant.
  • Interest at the judgment rate on HK$51,000.00 from 15 September 1987 and on HK$120,413.60 from 31 December 1987 until payment.