17 Jun 2015
BEST ASCENT INTERNATIONAL LTD v. KAI CHIU N.K.ENGINEERING LTD
- Citation
- BEST ASCENT INTERNATIONAL LTD v. KAI CHIU N.K.ENGINEERING LTD
- Court
- Court of Appeal
- Case number
- CACV203/2014
The appeal is dismissed because the trial judge's factual conclusion that no enforceable oral modification (to reduce payment time to 5 days and make time of the essence) was reached is supported by the record and not plainly wrong; the defendant failed to discharge the burden of proof and produced unreliable, inconsistent evidence and did not call the key witness; plaintiff's losses were adequately proved and the defendant was not entitled to quantum meruit as a remedy inconsistent with its breach.