李雪梅前經營身美顏美容創意室 v. 黃華、陳振山經營香港第一村貿易公司 前稱第一村貿易公司

李雪梅前經營身美顏美容創意室 v. 黃華、陳振山經營香港第一村貿易公司 前稱第一村貿易公司

Defendants breached clause 1 of the Sole Distributorship Agreement by selling to third parties within Hong Kong at lower prices; that fundamental breach discharged the contract and entitled plaintiff to damages properly attributable to that breach; the court awarded plaintiff $36,170 and returned $15,000 of the...

Source-derived case information.

Citation
李雪梅前經營身美顏美容創意室 v. 黃華、陳振山經營香港第一村貿易公司 前稱第一村貿易公司
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 April 2005
Case Number
DCCJ2277/2003
Procedural Posture
Contract Dispute Distributorship Agreement / Judgment (district Court)
Outcome
Judgment for plaintiff in the sum of $36,170 with interest from 13 January 2003 to date of judgment and thereafter at judgment rate; counterclaim dismissed; costs to plaintiff to be taxed if not agreed.
Legal Topics
Breach of Contract, Sole Distributorship, Damages Assessment, Counterclaim, Credit of Witnesses
Source Language
et
Contract Law Civil Procedure Remedies Breach of Contract Sole Distributorship Damages Assessment Counterclaim Credit of Witnesses

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Contract Dispute Distributorship Agreement / Judgment (district Court)

Legal Issues

  1. 1 Whether defendants breached clause 1 of the Sole Distributorship Agreement by selling product to third parties
  2. 2 Whether plaintiff is entitled to claimed items of loss and refund of deposit
  3. 3 Whether defendants' counterclaim for unpaid instalment and lost profits is sustainable

Ratio Decidendi

Defendants breached clause 1 of the Sole Distributorship Agreement by selling to third parties within Hong Kong at lower prices; that fundamental breach discharged the contract and entitled plaintiff to damages properly attributable to that breach; the court awarded plaintiff $36,170 and returned $15,000 of the deposit, dismissed the defendants' counterclaim for the unpaid instalment and lost profits, and ordered interest and costs.

Court Disposition

Judgment for plaintiff in the sum of $36,170 with interest from 13 January 2003 to date of judgment and thereafter at judgment rate; counterclaim dismissed; costs to plaintiff to be taxed if not agreed.

Orders

  • Judgment for plaintiff for $36,170
  • Interest on $36,170 from 13 January 2003 to date of judgment at judgment rate and thereafter at judgment rate until payment