9 Jan 1989
PERMTEK LIMITED v. CHINA RESOURCES MACHINERY & EQUIPMENT COMPANY LIMITED
- Citation
- PERMTEK LIMITED v. CHINA RESOURCES MACHINERY & EQUIPMENT COMPANY LIMITED
- Court
- Court of First Instance
- Case number
- HCA5350/1987
The contract was conditional upon the defendant opening an irrevocable letter of credit by the end of October 1986; clauses 9 and 11(4) are to be read consistently such that the absence of the L/C meant there was no binding contract to be enforced; there were no collateral oral terms excusing the defendant's failure to open the L/C and the plaintiff's claim for damages therefore fails.