PERFECT SHARE (HOLDINGS) LTD v. MEDIPRO INTERNATIONAL LTD AND ANOTHER

PERFECT SHARE (HOLDINGS) LTD v. MEDIPRO INTERNATIONAL LTD AND ANOTHER

On construction of the written Contract together with annex.1 and contemporaneous documents the subject matter was EXILIS brand RF/Ultrasound machines; the defendants breached by failing to deliver those machines and the plaintiff is entitled to judgment for return of the $1,000,000 deposit with interest; the purchaser's lien principles for land do not apply to the Demo Machine on loan, so the plaintiff must return it.

Citation
PERFECT SHARE (HOLDINGS) LTD v. MEDIPRO INTERNATIONAL LTD AND ANOTHER
Parties
Plaintiff: Perfect Share (Holdings) Limited; 1st Defendant: Medipro International Limited; 2nd Defendant: Tsang Pui Kee Viola
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 March 2014
Case Number
DCCJ2674/2012
Procedural Posture
Sale of Goods / Breach of Contract / District Court Judgment
Outcome
Judgment for plaintiff for return of $1,000,000 deposit with interest; first part of defendants' counterclaim dismissed; restitution counterclaim allowed in favour of 1st defendant and Demo Machine to be returned; costs awarded largely to plaintiff
Legal Topics
Contract Interpretation, Incorporation of Annexures, Purchaser's Lien, Guarantee Enforcement, Termination for Breach, Costs
Source Language
EN
Contract Sale of Goods Restitution Guarantee Evidence Civil Procedure Contract Interpretation Incorporation of Annexures +4 more

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Parties

Perfect Share (Holdings) Limited

Plaintiff

Medipro International Limited

1st Defendant

Tsang Pui Kee Viola

2nd Defendant

Procedural Posture

Sale of Goods / Breach of Contract / District Court Judgment

Legal Issues

  1. 1 Whether the subject matter of the contract was EXILIS brand RF/Ultrasound machines
  2. 2 Whether time was of the essence of the contract
  3. 3 Whether delivery of substitute machines was within a reasonable time

Ratio Decidendi

On construction of the written Contract together with annex.1 and contemporaneous documents the subject matter was EXILIS brand RF/Ultrasound machines; the defendants breached by failing to deliver those machines and the plaintiff is entitled to judgment for return of the $1,000,000 deposit with interest; the purchaser's lien principles for land do not apply to the Demo Machine on loan, so the plaintiff must return it.

Court Disposition

Judgment for plaintiff for return of $1,000,000 deposit with interest; first part of defendants' counterclaim dismissed; restitution counterclaim allowed in favour of 1st defendant and Demo Machine to be returned; costs awarded largely to plaintiff

Orders

  • Judgment for the plaintiff against both defendants, jointly and severally, in the sum of $1,000,000 together with interest at the judgment rate from date of judgment until full payment
  • The first part of the defendants' counterclaim is dismissed