DIRECT FORCE (HK) LTD. v. ANNE SONG YIN SHIN t/a SOUND RESEARCH PRODUCTION CO.

DIRECT FORCE (HK) LTD. v. ANNE SONG YIN SHIN t/a SOUND RESEARCH PRODUCTION CO.

Because the appellant, by reason of her dual role and the manner invoices were issued, was party to and aware of the agreed invoicing terms, the face of the invoices established the sums and contractual interest; there was no triable issue on quantum or contractual interest and the appeal fails.

Citation
DIRECT FORCE (HK) LTD. v. ANNE SONG YIN SHIN t/a SOUND RESEARCH PRODUCTION CO.
Parties
Plaintiff/respondent: Direct Force (HK) Limited; 1st Defendant/appellant: Anne Song Yin Shin trading as Sound Research Production Company; 2nd Defendant: Ricky Chu Hon Pok trading as Sound Research Production Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 1997
Case Number
HCA11599/1995
Procedural Posture
Civil Contract (debt Recovery) / Appeal Hearing; Judgment in Chambers
Outcome
Appeal dismissed; judgment entered for the plaintiff against the 1st defendant for the principal sums and contractual interest as claimed on the invoices.
Legal Topics
Enforceability of Invoice Terms, Contractual Interest, Triable Issue, Summary Judgment
Source Language
EN
Contract Civil Procedure Debt Recovery Contractual Interest Enforceability of Invoice Terms Triable Issue Summary Judgment

Case Brief

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Parties

Direct Force (HK) Limited

Plaintiff/respondent

Anne Song Yin Shin trading as Sound Research Production Company

1st Defendant/appellant

Ricky Chu Hon Pok trading as Sound Research Production Company

2nd Defendant

Procedural Posture

Civil Contract (debt Recovery) / Appeal Hearing; Judgment in Chambers

Legal Issues

  1. 1 Whether the invoices and their face terms establish the contract terms and quantum as not triable issues
  2. 2 Whether the appellant, as sole proprietor and account executive, was bound by the invoice terms
  3. 3 Whether contractual interest claimed on invoices is enforceable where variation was not separately pleaded

Ratio Decidendi

Because the appellant, by reason of her dual role and the manner invoices were issued, was party to and aware of the agreed invoicing terms, the face of the invoices established the sums and contractual interest; there was no triable issue on quantum or contractual interest and the appeal fails.

Court Disposition

Appeal dismissed; judgment entered for the plaintiff against the 1st defendant for the principal sums and contractual interest as claimed on the invoices.

Orders

  • Appeal dismissed
  • Judgment entered for the plaintiff against the 1st defendant for the principal sum and contractual interest as claimed on the invoices