24 Aug 2010
LAI TAK ENTERPRISES LTD v. DAILY FINE INDUSTRIAL LTD
- Citation
- LAI TAK ENTERPRISES LTD v. DAILY FINE INDUSTRIAL LTD
- Court
- District Court
- Case number
- DCCJ5352/2008
On the balance of probabilities there was no novation to Profit Winning; contemporaneous documents, delivery, invoices and post-delivery correspondence show Defendant remained the contracting buyer; the court finds the Plaintiff did not receive the inspection certificate and cargo receipt; the letter of credit was a conditional payment but because the requisite documents were not delivered to Plaintiff, Defendant remains liable; judgment entered for Plaintiff for the claimed sum with interest and costs nisi.