12 Nov 2004
DECOR FLOORS ENGINEERING LTD v. YUEN HUNG WAI t/a TIM LEE CONSTRUCTION CO
- Citation
- DECOR FLOORS ENGINEERING LTD v. YUEN HUNG WAI t/a TIM LEE CONSTRUCTION CO
- Court
- Court of Appeal
- Case number
- CACV219/2004
The court held that 'deposit confirmation' required actual payment into the payee's bank and that the provision of a letter of credit did not, by itself, constitute deposit confirmation or payment; therefore the contractual delivery period began on 24 September 2002 when the 30% deposit was received and the carpet was delivered within the contractual time, so the appeal was dismissed and the trial judgment for the plaintiff was affirmed.