SEAPOWER RESOURCES COLD STORAGE & WAREHOUSING LTD v. SHIU PONG ICE (CUBE ICE & ICE CARVING) LTD

SEAPOWER RESOURCES COLD STORAGE & WAREHOUSING LTD v. SHIU PONG ICE (CUBE ICE & ICE CARVING) LTD

The appeal was dismissed because there were triable issues of fact: it was arguable that the Defendant had paid for deliveries and that the alleged oral agreement was not inherently incredible and might fall within admissible collateral evidence; accordingly summary judgment was inappropriate and unconditional leave to defend was granted.

Citation
SEAPOWER RESOURCES COLD STORAGE & WAREHOUSING LTD v. SHIU PONG ICE (CUBE ICE & ICE CARVING) LTD
Parties
Plaintiff/appellant: SEAPOWER RESOURCES COLD STORAGE & WAREHOUSING LIMITED; Defendant/respondent: SHIU PONG ICE (CUBE ICE & ICE CARVING) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 1999
Case Number
HCA11500/1998
Procedural Posture
Civil Contract Appeal (summary Judgment Application) / Appeal From Master's Refusal to Order Summary Judgment; Hearing in Chambers; Judgment Delivered 8 June 1999
Outcome
Appeal dismissed; unconditional leave to defendant to defend; costs awarded to defendant.
Legal Topics
Summary Judgment, Parol Evidence Rule, Collateral Contract, Force Majeure, Contract Interpretation, Contractual Shortfall Pricing
Source Language
EN
Contract Civil Procedure Evidence Commercial Law Summary Judgment Parol Evidence Rule Collateral Contract Force Majeure +2 more

Case Brief

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Parties

SEAPOWER RESOURCES COLD STORAGE & WAREHOUSING LIMITED

Plaintiff/appellant

SHIU PONG ICE (CUBE ICE & ICE CARVING) LIMITED

Defendant/respondent

Procedural Posture

Civil Contract Appeal (summary Judgment Application) / Appeal From Master's Refusal to Order Summary Judgment; Hearing in Chambers; Judgment Delivered 8 June 1999

Legal Issues

  1. 1 Whether summary judgment should be granted for alleged unpaid goods delivered
  2. 2 Whether an oral agreement (collateral/oral term) can be relied upon despite written agreements (parol evidence issue)
  3. 3 Whether the oral agreement is credible and if it affects pricing for shortfall quantities

Ratio Decidendi

The appeal was dismissed because there were triable issues of fact: it was arguable that the Defendant had paid for deliveries and that the alleged oral agreement was not inherently incredible and might fall within admissible collateral evidence; accordingly summary judgment was inappropriate and unconditional leave to defend was granted.

Court Disposition

Appeal dismissed; unconditional leave to defendant to defend; costs awarded to defendant.

Orders

  • Unconditional leave granted to the Defendant to defend
  • Appeal dismissed