CORNERSTONE DEVELOPMENT LTD v. LICO (H.K.) MANUFACTURING LTD

CORNERSTONE DEVELOPMENT LTD v. LICO (H.K.) MANUFACTURING LTD

The judge accepted the Plaintiff's evidence and documentary records, rejected the Defendant's account of a cancellation stemming from Plaintiff's alleged admission, found the Defendant breached by failing to take delivery and pay, awarded the contract price, storage and interest to the Plaintiff, and dismissed the Defendant's counter-claim for failure to establish loss.

Citation
CORNERSTONE DEVELOPMENT LTD v. LICO (H.K.) MANUFACTURING LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 September 2010
Case Number
DCCJ716/2009
Procedural Posture
Contract Sale of Goods / Final Judgment (district Court)
Outcome
Judgment for Plaintiff; Defendant's counter-claim dismissed; costs ordered nisi to Plaintiff
Legal Topics
Breach of Contract, Repudiation, Mitigation of Loss, Counter Claim, Assessment of Damages, Interest on Judgment
Source Language
EN
Contract Sale of Goods Commercial Law Civil Procedure Damages Breach of Contract Repudiation Mitigation of Loss +3 more

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Procedural Posture

Contract Sale of Goods / Final Judgment (district Court)

Legal Issues

  1. 1 Which party breached the sales contract
  2. 2 Whether the Plaintiff repudiated the contract by admitting factory suspension
  3. 3 Whether the Plaintiff mitigated its loss

Ratio Decidendi

The judge accepted the Plaintiff's evidence and documentary records, rejected the Defendant's account of a cancellation stemming from Plaintiff's alleged admission, found the Defendant breached by failing to take delivery and pay, awarded the contract price, storage and interest to the Plaintiff, and dismissed the Defendant's counter-claim for failure to establish loss.

Court Disposition

Judgment for Plaintiff; Defendant's counter-claim dismissed; costs ordered nisi to Plaintiff

Orders

  • Judgment for the Plaintiff against the Defendant for HK$120,000
  • Storage charge of HK$1,000 per month from 11 September 2008 until delivery taken by the Defendant