KIDDIE CHINA LTD v. ETECH FIRE LTD

KIDDIE CHINA LTD v. ETECH FIRE LTD

On the balance of probabilities the court accepted Kidde's evidence that in September 2009 Etech agreed to take over the goods sold to Acorp under the two invoices and thus the two cashier orders were applied to settle those invoices; after crediting excess payments of US$502 the outstanding judgment sum is US$65,298.30; the defendant's counterclaim and the separate action were discontinued and costs follow the event on a party and party basis (no indemnity costs).

Citation
KIDDIE CHINA LTD v. ETECH FIRE LTD
Parties
Plaintiff (dccj 1392/2011): Kidde China Limited; Defendant (dccj 1392/2011) and Plaintiff (dccj 2961/2011): Etech Fire Limited; Defendant (dccj 2961/2011); Manager of Kidde (respondent Witness): Lee On Man
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 June 2014
Case Number
DCCJ1392/2011
Procedural Posture
Civil Action — Commercial Dispute (debt Recovery, Counterclaim for Conversion/breach of Trust) / Trial Judgment (judgment Delivered)
Outcome
Judgment for plaintiff Kidde China Limited; defendant's counterclaim discontinued; separate action DCCJ 2961/2011 discontinued.
Legal Topics
Outstanding Invoices, Distribution Agreement, Payment by Cashier Orders, Creditor/debtor Obligations, Counterclaim and Discontinuance, Costs and Taxation
Source Language
EN
Contract Commercial Law Debt Recovery Trusts and Fiduciary Obligations Conversion Civil Procedure Outstanding Invoices Distribution Agreement +4 more

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Parties

Kidde China Limited

Plaintiff (dccj 1392/2011)

Etech Fire Limited

Defendant (dccj 1392/2011) and Plaintiff (dccj 2961/2011)

Lee On Man

Defendant (dccj 2961/2011); Manager of Kidde (respondent Witness)

Procedural Posture

Civil Action — Commercial Dispute (debt Recovery, Counterclaim for Conversion/breach of Trust) / Trial Judgment (judgment Delivered)

Legal Issues

  1. 1 Whether the two cashier orders settled the nine invoices claimed by Kidde
  2. 2 Whether Etech agreed to take over Acorp's goods/orders under the 1st and 2nd Invoices
  3. 3 Whether Lee On Man was involved with or set up Acorp

Ratio Decidendi

On the balance of probabilities the court accepted Kidde's evidence that in September 2009 Etech agreed to take over the goods sold to Acorp under the two invoices and thus the two cashier orders were applied to settle those invoices; after crediting excess payments of US$502 the outstanding judgment sum is US$65,298.30; the defendant's counterclaim and the separate action were discontinued and costs follow the event on a party and party basis (no indemnity costs).

Court Disposition

Judgment for plaintiff Kidde China Limited; defendant's counterclaim discontinued; separate action DCCJ 2961/2011 discontinued.

Orders

  • Judgment entered for the plaintiff for US$65,298.30 (or equivalent HKD at time of payment) with interest at judgment rate from date of writ until payment
  • The defendant's counterclaim be discontinued (DCCJ 1392/2011)