6 Sept 2004
LAND & MARINE WORKS LTD v. CREATA (HK) LTD
- Citation
- LAND & MARINE WORKS LTD v. CREATA (HK) LTD
- Court
- Court of First Instance
- Case number
- HCA14824/1999
On the evidence the Plaintiff was late under the contractual delivery (LOBS) schedule. However, the Defendant, through its CEO, promised to pay the bonus and to bear certain additional costs (including air freight and 50% of virgin material cost) during the rescue operation; those promises amounted to waiver/estoppel with respect to bonus and air/air-sea freight and converted the HK$400,000 into a shared price component rather than a repayable advance. The Plaintiff remains liable for reasonable mitigation expenses incurred by the Defendant (helping factories costs). The parties' claims inter…