LESSY S.A.R.L v. PACIFIC STAR DEVELOPMENT LTK. AND ANOTHER

LESSY S.A.R.L v. PACIFIC STAR DEVELOPMENT LTK. AND ANOTHER

On the evidence the Plaintiff proved entitlement to the claimed commissions; amendments were permitted because the defendants supplied the necessary primary documents; the May 1993 settlement was treated as discharged by defendants' repudiatory conduct permitting full recovery for 1994 Summer season; accordingly judgment was entered for the Plaintiff for the specified sums, an account ordered for the 1994 Summer season, interest awarded from writ issue to judgment at 8% and costs to the Plaintiff (taxed if not agreed).

Citation
LESSY S.A.R.L v. PACIFIC STAR DEVELOPMENT LTK. AND ANOTHER
Parties
Plaintiff: LESSY S.A.R.L.; 1st Defendant: PACIFIC STAR DEVELOPMENT LTD.; 2nd Defendant: PACIFIC LINKWAY TEXTILE MANUFACTORY (HOLDING) LTD.; 1st Defendant (counterclaim): PAUL RACHOU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 1998
Case Number
HCA11705/1993
Procedural Posture
Commercial Contract Commission/agency Dispute / Judgment (trial Heard; Reasons Delivered)
Outcome
Judgment for Plaintiff (Lessy S.A.R.L.) and for Paul Rachou on counterclaim; counterclaim dismissed as to defendants
Legal Topics
Commission, Settlement Agreement, Repudiatory Breach, Specific Discovery, Amendment of Pleadings, Account, Interest, Costs
Source Language
EN
Contract Agency Commercial Law Civil Procedure Commission Settlement Agreement Repudiatory Breach Specific Discovery +4 more

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Parties

LESSY S.A.R.L.

Plaintiff

PACIFIC STAR DEVELOPMENT LTD.

1st Defendant

PACIFIC LINKWAY TEXTILE MANUFACTORY (HOLDING) LTD.

2nd Defendant

PAUL RACHOU

1st Defendant (counterclaim)

Procedural Posture

Commercial Contract Commission/agency Dispute / Judgment (trial Heard; Reasons Delivered)

Legal Issues

  1. 1 Whether Plaintiff entitled to unpaid commission for introductions and agency services
  2. 2 Whether the May 1993 settlement agreement was discharged by defendants' repudiatory conduct
  3. 3 Whether the pleadings could be amended to claim specific sums based on documents discovered

Ratio Decidendi

On the evidence the Plaintiff proved entitlement to the claimed commissions; amendments were permitted because the defendants supplied the necessary primary documents; the May 1993 settlement was treated as discharged by defendants' repudiatory conduct permitting full recovery for 1994 Summer season; accordingly judgment was entered for the Plaintiff for the specified sums, an account ordered for the 1994 Summer season, interest awarded from writ issue to judgment at 8% and costs to the Plaintiff (taxed if not agreed).

Court Disposition

Judgment for Plaintiff (Lessy S.A.R.L.) and for Paul Rachou on counterclaim; counterclaim dismissed as to defendants

Orders

  • Judgment against 1st Defendant (Pacific Star Development Ltd.) in the sum of FF97,523.31
  • Judgment against 1st Defendant in the sums of US$132,495.75, FF302,726.14 and HK$15,560.49