4 Feb 2002
HONG KONG EXHAUST EMISSION LABORATORY LTD. v. CRIC MOTOR WORKS LTD.
- Citation
- HONG KONG EXHAUST EMISSION LABORATORY LTD. v. CRIC MOTOR WORKS LTD.
- Court
- District Court
- Case number
- DCCJ2520/2001
The court found the plaintiff proved performance of the testing obligations and is entitled to the test costs of HK$84,000 but did not prove a binding agreement for towing charges; the plaintiff had no possessory lien over the seized car (wrongful detention) but did have a lien over the five compiled reports; damages for wrongful detention were assessed at 20% per annum pro rata on the sale price in the sale agreement (HK$205,000) from 29 December 2000 until delivery, and that sum is to be set off against the plaintiff's judgment for test costs.
- Oral agreement formation
- Possessory lien (particular and general)
- Wrongful detention/damages
- Set off
- Witness credibility and burden of proof