WINNERS\' WORKSHOP PRODUCTION CO LTD v. OCEANIC TECHNOLOGY DEVELOPMENT LTD

WINNERS\' WORKSHOP PRODUCTION CO LTD v. OCEANIC TECHNOLOGY DEVELOPMENT LTD

The court preferred the applicant's witness, found on the balance of probabilities that the parties reached an oral Variation Agreement as an honest compromise supported by Winners' forbearance to sue, and held the $400,000 balance was not payable; declaration granted and defendant's counterclaim dismissed.

Citation
WINNERS\' WORKSHOP PRODUCTION CO LTD v. OCEANIC TECHNOLOGY DEVELOPMENT LTD
Parties
Plaintiff: Winners; Defendant: Oceanic; Co Defendant: Full Profit International Industrial Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 October 2009
Case Number
DCCJ4413/2006
Procedural Posture
Contract (sale of Goods) / Judgment at Trial
Outcome
Declaration granted in favour of Winners; Oceanic's counterclaim dismissed; costs awarded to Winners
Legal Topics
Variation Agreement, Consideration for Compromise, Set Off, Credibility of Witnesses, Damages, Breach of Contract
Source Language
EN
Contract Commercial Law Civil Procedure Variation Agreement Consideration for Compromise Set Off Credibility of Witnesses Damages +1 more

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Parties

Winners

Plaintiff

Oceanic

Defendant

Full Profit International Industrial Ltd.

Co Defendant

Procedural Posture

Contract (sale of Goods) / Judgment at Trial

Legal Issues

  1. 1 Whether an oral Variation Agreement was made on or about 14-15 August 2005
  2. 2 Whether the balance of $400,000 was payable or could be set off as agreed
  3. 3 Whether removal of two machines and alleged defects justified the set-off/compromise

Ratio Decidendi

The court preferred the applicant's witness, found on the balance of probabilities that the parties reached an oral Variation Agreement as an honest compromise supported by Winners' forbearance to sue, and held the $400,000 balance was not payable; declaration granted and defendant's counterclaim dismissed.

Court Disposition

Declaration granted in favour of Winners; Oceanic's counterclaim dismissed; costs awarded to Winners

Orders

  • Declaration that Winners is entitled to set off the sum of $400,000 under the Variation Agreement and that the $400,000 balance is not payable
  • Dismissal of Oceanic's counterclaim for the $400,000 balance