BAR CODE SYSTEMS CO LTD v. TAG IT PACIFIC LTD

BAR CODE SYSTEMS CO LTD v. TAG IT PACIFIC LTD

Tag-it failed to prove the leg stickers were not of merchantable quality because the independent BV Lab reports were insufficiently particularised and there were critical gaps in the chain and condition of samples; there was no evidence the Settlement Sum was paid or that Tag-it had locus to claim it; Tag-it also failed to establish reasonable mitigation; accordingly the counterclaim is dismissed and judgment is entered for the plaintiff for the admitted sum.

Citation
BAR CODE SYSTEMS CO LTD v. TAG IT PACIFIC LTD
Parties
Plaintiff: Bar Code Systems Company Limited; Defendant: Tag-it Pacific Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 March 2014
Case Number
DCCJ3041/2012
Procedural Posture
Civil Action (sale of Goods) / Judgment
Outcome
Counterclaim dismissed; judgment entered for plaintiff.
Legal Topics
Merchantable Quality, Acceptance of Goods, Mitigation of Loss, Evidence Admissibility, Damages, Costs
Source Language
EN
Sale of Goods Contract Civil Procedure Merchantable Quality Acceptance of Goods Mitigation of Loss Evidence Admissibility Damages +1 more

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Parties

Bar Code Systems Company Limited

Plaintiff

Tag-it Pacific Limited

Defendant

Procedural Posture

Civil Action (sale of Goods) / Judgment

Legal Issues

  1. 1 Whether the leg stickers were of merchantable quality
  2. 2 Whether Tag-it had accepted the goods and passed risk
  3. 3 Whether Tag-it failed to mitigate its loss

Ratio Decidendi

Tag-it failed to prove the leg stickers were not of merchantable quality because the independent BV Lab reports were insufficiently particularised and there were critical gaps in the chain and condition of samples; there was no evidence the Settlement Sum was paid or that Tag-it had locus to claim it; Tag-it also failed to establish reasonable mitigation; accordingly the counterclaim is dismissed and judgment is entered for the plaintiff for the admitted sum.

Court Disposition

Counterclaim dismissed; judgment entered for plaintiff.

Orders

  • Judgment for Bar Code Systems Company Limited in the sum of US$45,974.28
  • Interest on US$45,974.28 from 30 August 2012 until judgment, thereafter at judgment rate until payment