24 Dec 2012
POWER STEP LTD v. METALMARINHA-COMÉRCIO INTERNACIONAL DE RESÍDUOS METÁLICOS, S.A.
- Citation
- POWER STEP LTD v. METALMARINHA-COMÉRCIO INTERNACIONAL DE RESÍDUOS METÁLICOS, S.A.
- Court
- Court of First Instance
- Case number
- HCA434/2011
The court found the purchase orders, not the master agreement, were the operative contracts made with Hong Kong as the place of the contracts and delivery; the goods delivered in Hong Kong were not as contracted, the defendant failed to notify shipment so risk remained with the defendant under s34, and therefore the requirements of Order 11, rule 1(d)(i),(iii) and (e) were satisfied and Hong Kong is the appropriate forum; appeal dismissed.