Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Installation obligations

Legal area

Court

11 Jan 2008

COWEALTH MEDICAL SCIENCE & BIOTECHNOLOGY INC v. WORLD CAPITAL PACIFIC LTD

Citation

COWEALTH MEDICAL SCIENCE & BIOTECHNOLOGY INC v. WORLD CAPITAL PACIFIC LTD
Court

Court of First Instance
Case number

HCA1122/2006

The appeal was dismissed because the evidence established that the First Four and Last Three Units were shipped and documented properly, delays were not attributable to the plaintiff, the documentary credit regime is independent and did not excuse defendant's payment obligations, the defendant had agreed in writing to pay the discount interest, and alleged oral variations were inadmissible and lacked consideration; therefore the defendant remained liable for the outstanding sums.
6 Feb 1985

SMART SHOES LTD v. SO KA KING AND ANOTHER

Citation

SMART SHOES LTD v. SO KA KING AND ANOTHER
Court

Court of First Instance
Case number

HCA10394/1983

Court held that Clauses 8 and 9 required the seller to make technicians available (installation at buyer's expense) and a final start/test only became the seller's obligation after installation; the seller was not given the opportunity to comply, the defects were minor and foreseeable in used machinery and did not render the goods unmerchantable, therefore plaintiff was entitled to the balance of the price, interest and costs and the defendant's counterclaim failed.