21 Apr 2010
SOURCE SMART ASIA LTD v. NEW ELEGANT GARMENT LTD
- Citation
- SOURCE SMART ASIA LTD v. NEW ELEGANT GARMENT LTD
- Court
- Court of Appeal
- Case number
- CACV267/2009
The Court held that the defendant breached the contractual term to supply garments with genuine YKK zippers and that the resulting losses were not too remote under the Heron II foreseeability test; the plaintiff's failure to inspect did not break the chain of causation because the plaintiff owed no duty to the defendant to inspect and, as contracting party, was entitled to recover damages. Consequently the appeal was dismissed and the judgment below affirmed.