BDP ASIA PACIFIC LTD v. LONGTEX APPAREL GROUP (HK) CO LTD

BDP ASIA PACIFIC LTD v. LONGTEX APPAREL GROUP (HK) CO LTD

Summary judgment was granted because the Defendant's account was not believable on the admitted facts and contemporaneous documents, and even if the Defendant acted as agent it was personally liable (undisclosed principal or no waiver of liability); therefore the Plaintiff was entitled to judgment for the outstanding sum with interest and costs.

Citation
BDP ASIA PACIFIC LTD v. LONGTEX APPAREL GROUP (HK) CO LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2011
Case Number
HCA888/2011
Procedural Posture
Debt Recovery (freight and Shipment Charges) Summary Judgment / Summary Judgment Application (decision)
Outcome
Summary judgment for the Plaintiff
Legal Topics
Summary Judgment, Undisclosed Principal, Personal Liability of Agent, Contract Formation, Costs and Interest
Source Language
EN
Contract Agency Civil Procedure Commercial Law Summary Judgment Undisclosed Principal Personal Liability of Agent Contract Formation +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Debt Recovery (freight and Shipment Charges) Summary Judgment / Summary Judgment Application (decision)

Legal Issues

  1. 1 Whether the Defendant was the contracting party or only an agent for third‑party principals
  2. 2 Whether the Defendant is personally liable for the unpaid freight and shipment charges
  3. 3 Whether the Defendant's factual assertions are believable for the purpose of resisting summary judgment

Ratio Decidendi

Summary judgment was granted because the Defendant's account was not believable on the admitted facts and contemporaneous documents, and even if the Defendant acted as agent it was personally liable (undisclosed principal or no waiver of liability); therefore the Plaintiff was entitled to judgment for the outstanding sum with interest and costs.

Court Disposition

Summary judgment for the Plaintiff

Orders

  • Defendant shall pay the Plaintiff the sum of $1,757,812.94.
  • Defendant shall pay interest at the rate of 8% per annum from 26 May 2011 until 18 November 2011 and thereafter at judgment rate until payment.