4 Sept 1998
MAXIM INTEGRATED PRODUCTS INC v. TEKTRON ELECTRONICS (HK) LTD
- Citation
- MAXIM INTEGRATED PRODUCTS INC v. TEKTRON ELECTRONICS (HK) LTD
- Court
- Court of First Instance
- Case number
- HCA1669/1992
The court found on the balance of probabilities that a Representative Agreement existed from 1985, based on witness credibility, consistent long-term payment of 5% commission, documentary conduct and surrounding circumstances, and held the Defendant entitled to full 5% commission on all seven orders; alternatively, even on quantum meruit the longstanding 5% practice should apply absent special circumstances, resulting in judgment for the Defendant on the counterclaim and a net payment to the Defendant of US$3,764.89 together with interest and costs.