17 Jan 2017
LAM YUK CHEUNG t/a CORBIERES WINE CO v. MAISON RIVIERE FILS
- Citation
- LAM YUK CHEUNG t/a CORBIERES WINE CO v. MAISON RIVIERE FILS
- Court
- District Court
- Case number
- DCCJ1364/2012
The plaintiff's claim was dismissed because contemporaneous documents and credible defendant witnesses established long-standing indebtedness incurred through the plaintiff's agent Ka, the Oct 2011 payments were properly applied to earlier outstanding invoices, the defendant was entitled to set-off, the 15% clause was incorporated by course of dealing and is a valid liquidated damages clause, interest awarded at 6% p.a., and the defendant's counterclaim succeeded for the stated sums; costs awarded on an indemnity basis due to the plaintiff's conduct.