16 Sept 2008
NEW WELL INTERNATIONAL METAL WARE LTD v. IMPACT SPECIAL MACHINES INC.
- Citation
- NEW WELL INTERNATIONAL METAL WARE LTD v. IMPACT SPECIAL MACHINES INC.
- Court
- Court of First Instance
- Case number
- HCA2863/2006
Defendant repudiated the contract by demanding full payment contrary to the contractual term that the second instalment was payable only after customs clearance; the US$156,000 was an instalment (not a deposit) and there was no contractual right to retain it or any counterclaim for damages by defendant; accordingly plaintiff is entitled to restitution of the instalment with interest and costs.