ETECH FIRE LTD v. LEE ON MAN

ETECH FIRE LTD v. LEE ON MAN

On the balance of probabilities the court accepted Kiddie's version that Etech agreed to take over the goods sold to Acorp and that the two cashier orders were applied to settle the relevant Acorp invoices; after crediting US$502 excess payment, judgment was entered for Kiddie for US$65,298.30 with interest; Etech's counterclaims and the second action were discontinued; costs to follow the event on party-and-party basis.

Citation
ETECH FIRE LTD v. LEE ON MAN
Parties
Plaintiff (dccj1392/2011): Kiddie China Limited; Defendant (dccj1392/2011); Plaintiff (dccj2961/2011): Etech Fire Limited; Defendant (dccj2961/2011): Lee On Man
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 June 2014
Case Number
DCCJ2961/2011
Procedural Posture
Civil Action for Unpaid Invoices and Related Counterclaims / Judgment After Trial (decision Dated 4 June 2014)
Outcome
Judgment entered for Kiddie China Limited; Etech Fire Limited's counterclaim and the related action discontinued; costs to the successful party on party-and-party basis with certificates for counsel.
Legal Topics
Unpaid Invoices, Distribution Agreement, Pre Payment/cashier Orders, Credibility and Evidence, Counterclaim Discontinuance, Costs and Taxation
Source Language
EN
Contract Debt Recovery Commercial Law Conversion/trust (alleged) Civil Procedure Costs Unpaid Invoices Distribution Agreement Pre Payment/cashier Orders +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kiddie China Limited

Plaintiff (dccj1392/2011)

Etech Fire Limited

Defendant (dccj1392/2011); Plaintiff (dccj2961/2011)

Lee On Man

Defendant (dccj2961/2011)

Procedural Posture

Civil Action for Unpaid Invoices and Related Counterclaims / Judgment After Trial (decision Dated 4 June 2014)

Legal Issues

  1. 1 Whether the two cashier orders settled the nine invoices claimed by Kiddie
  2. 2 Whether Etech agreed to take over Acorp Engineering Limited's goods and payment obligations
  3. 3 Whether Lee On Man was involved with or controlled Acorp and procured Etech to make pre-payments

Ratio Decidendi

On the balance of probabilities the court accepted Kiddie's version that Etech agreed to take over the goods sold to Acorp and that the two cashier orders were applied to settle the relevant Acorp invoices; after crediting US$502 excess payment, judgment was entered for Kiddie for US$65,298.30 with interest; Etech's counterclaims and the second action were discontinued; costs to follow the event on party-and-party basis.

Court Disposition

Judgment entered for Kiddie China Limited; Etech Fire Limited's counterclaim and the related action discontinued; costs to the successful party on party-and-party basis with certificates for counsel.

Orders

  • Judgment for the plaintiff (Kiddie China Limited) for US$65,298.30 (or equivalent in HKD at time of payment) with interest at judgment rate from the date of the writ until payment
  • The defendant's (Etech Fire Limited) counterclaim be discontinued