13 Jul 2005
SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (H K) LTD
- Citation
- SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (H K) LTD
- Court
- Court of First Instance
- Case number
- HCA786/2004
The court found Team Products' misrepresentation defence unsustainable on the evidence because the November 2001 fax did not represent that CellPlus itself became a manufacturer or that factory prices would be charged; Team Products failed to particularize any course of dealing that could ground misrepresentation or equitable set-off; there was insufficient evidence of shipment for the April consignments (no bills of lading) so FOB delivery not proven; the measure of loss on cancelled orders cannot be summarily fixed as total contract price absent proof of costs or continued readiness to perf…