CIRCLE RESTAURANT LTD v. JV ENTERTAINMENT PRODUCTIONS LTD

CIRCLE RESTAURANT LTD v. JV ENTERTAINMENT PRODUCTIONS LTD

The court found JV failed to prove it only intended to contract with Y5Zone and rejected rectification; on the facts and documentary evidence Why Five breached the Agreement by failing to pay the Balance and failing to take delivery of the Stamps, property in the delivered items passed to Why Five, JV is entitled to the outstanding price of HK$162,500 with interest, and Why Five's claim for damages for loss of memorabilia sales was not proved and was dismissed.

Citation
CIRCLE RESTAURANT LTD v. JV ENTERTAINMENT PRODUCTIONS LTD
Parties
Plaintiff (original Action): CIRCLE RESTAURANT LIMITED (formerly known as Why Five Limited); Defendant (original Action) & Plaintiff (counterclaim): JV ENTERTAINMENT PRODUCTIONS LIMITED; 2nd Defendant (counterclaim): Y5Zone LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 August 2011
Case Number
DCCJ4275/2009
Procedural Posture
Contract Dispute (civil) / Judgment (district Court)
Outcome
Rectification claim dismissed; judgment for JV Entertainment Productions Limited against Circle Restaurant Limited for outstanding Balance of HK$162,500 with interest; Why Five's damages claim dismissed; costs awarded to JV.
Legal Topics
Breach of Contract, Rectification, Delivery of Goods, Damages, Interest, Costs
Source Language
EN
Contract Law Commercial Law Sale of Goods Breach of Contract Rectification Delivery of Goods Damages Interest +1 more

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Parties

CIRCLE RESTAURANT LIMITED (formerly known as Why Five Limited)

Plaintiff (original Action)

JV ENTERTAINMENT PRODUCTIONS LIMITED

Defendant (original Action) & Plaintiff (counterclaim)

Y5Zone LIMITED

2nd Defendant (counterclaim)

Procedural Posture

Contract Dispute (civil) / Judgment (district Court)

Legal Issues

  1. 1 Was Why Five or Y5Zone the proper contracting party?
  2. 2 Did Why Five breach the Agreement by failing to pay the balance for the Stamp Sets?
  3. 3 Did JV breach the Agreement by preventing sale of memorabilia at the Cultural Centre?

Ratio Decidendi

The court found JV failed to prove it only intended to contract with Y5Zone and rejected rectification; on the facts and documentary evidence Why Five breached the Agreement by failing to pay the Balance and failing to take delivery of the Stamps, property in the delivered items passed to Why Five, JV is entitled to the outstanding price of HK$162,500 with interest, and Why Five's claim for damages for loss of memorabilia sales was not proved and was dismissed.

Court Disposition

Rectification claim dismissed; judgment for JV Entertainment Productions Limited against Circle Restaurant Limited for outstanding Balance of HK$162,500 with interest; Why Five's damages claim dismissed; costs awarded to JV.

Orders

  • Judgment for JV for HK$162,500 as the outstanding Balance with interest at Hong Kong prime rate from date of Writ and Statement of Claim to date of judgment and thereafter at judgment rate until paid
  • JV to deliver the remaining 4,500 Stamps to Why Five upon receipt of the Balance and interest as awarded