GREYLAND TRADING LTD. AND ANOTHER v. LAU CHUN MING STEPHEN AND OTHERS

GREYLAND TRADING LTD. AND ANOTHER v. LAU CHUN MING STEPHEN AND OTHERS

On the balance of probabilities the court found Champ Fair supplied defective goods in the 1991 and 1992 seasons; plaintiffs proved losses attributable to those defects sufficient to set off part of the defendant's unpaid-invoice counterclaim, resulting in a net judgment for the plaintiffs, with interest and costs awarded accordingly.

Citation
GREYLAND TRADING LTD. AND ANOTHER v. LAU CHUN MING STEPHEN AND OTHERS
Parties
1st Plaintiff: GREYLAND TRADING LIMITED; 2nd Plaintiff: AQUA-LEISURE INDUSTRIES INC.; 1st Defendant: LAU CHUN MING STEPHEN; 2nd Defendant: FUNMAKERS INTERNATIONAL LIMITED; 3rd Defendant: LO SHING CHING; Defendant (hca4819/1992): CHAMP FAIR MANUFACTORY CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2001
Case Number
HCA8833/1991
Procedural Posture
Consolidated Civil Actions for Breach of Contract, Injunctions and Damages / Judgment at First Instance (court of First Instance)
Outcome
Defendant entitled to judgment on its counterclaim for HK$1,403,474.30 subject to plaintiffs' set-offs; net result in favour of plaintiffs on consolidated account; interest and costs awarded to plaintiffs.
Legal Topics
Breach of Contract, Set Off, Measure of Damages, Limitation Period (time Bar), Anton Piller Order, Witness Credibility, Merchantable Quality
Source Language
EN
Contract Civil Procedure Evidence Remedies Breach of Contract Set Off Measure of Damages Limitation Period (time Bar) +3 more

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Parties

GREYLAND TRADING LIMITED

1st Plaintiff

AQUA-LEISURE INDUSTRIES INC.

2nd Plaintiff

LAU CHUN MING STEPHEN

1st Defendant

FUNMAKERS INTERNATIONAL LIMITED

2nd Defendant

LO SHING CHING

3rd Defendant

CHAMP FAIR MANUFACTORY CO. LTD.

Defendant (hca4819/1992)

Procedural Posture

Consolidated Civil Actions for Breach of Contract, Injunctions and Damages / Judgment at First Instance (court of First Instance)

Legal Issues

  1. 1 Whether Champ Fair supplied defective goods to the plaintiffs for 1991 and 1992 seasons
  2. 2 Whether plaintiffs are entitled to damages for the defective goods and associated costs
  3. 3 Whether any part of plaintiffs' claim is time-barred and whether set-off is available

Ratio Decidendi

On the balance of probabilities the court found Champ Fair supplied defective goods in the 1991 and 1992 seasons; plaintiffs proved losses attributable to those defects sufficient to set off part of the defendant's unpaid-invoice counterclaim, resulting in a net judgment for the plaintiffs, with interest and costs awarded accordingly.

Court Disposition

Defendant entitled to judgment on its counterclaim for HK$1,403,474.30 subject to plaintiffs' set-offs; net result in favour of plaintiffs on consolidated account; interest and costs awarded to plaintiffs.

Orders

  • Judgment entered for the defendant on its counterclaim in the amount of HK$1,403,474.30
  • Set-off allowed in favour of the plaintiffs: US$79,912.31 (1991 defective goods and associated costs) against the defendant's counterclaim