10 Mar 2006
MAYSUN ENGINEERING CO LTD v. WORMALD ENGINEERING SERVICES LTD
- Citation
- MAYSUN ENGINEERING CO LTD v. WORMALD ENGINEERING SERVICES LTD
- Court
- District Court
- Case number
- DCCJ2885/2003
The court found the Plaintiff did not execute and return the Purchase Order and was bound by its own pleaded case that no agreement on price fluctuations was reached; credibility of the Plaintiff's witness was poor and unpleaded oral agreements were inadmissible; on contractual construction and evidence the Plaintiff failed to establish entitlement to price fluctuations, to a share of liquidated damages/contra-charges, or to the HK$200,000 additional charge; the only admitted sum of HK$214,278.51 was awarded with interest and an order nisi for costs.