16 Dec 1994
MARIANNE TRADING LTD. v. CHEUNG YAN TIN AND OTHERS
- Citation
- MARIANNE TRADING LTD. v. CHEUNG YAN TIN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4289/1990
The court found the plaintiff proved the quality defect claim as to the 918 cartons and awarded US$29,145, but dismissed the plaintiff's non-delivery claim because under the FOB terms the plaintiff failed to give shipping instructions during the shipment period and therefore could not complain of non-delivery; the defendant's counterclaim failed for lack of mitigation.