22 Mar 2005
MYRIAD ELECTRONICS LTD v. ENITY TECHNOLOGY LTD
- Citation
- MYRIAD ELECTRONICS LTD v. ENITY TECHNOLOGY LTD
- Court
- Court of First Instance
- Case number
- HCA822/2004
Defendant's putative set-off based on alleged liability under Proposition 65 fails because the defect alleged is lack of a warning label (a statutory compliance issue) and there was no basis to conclude the plaintiff assumed responsibility for compliance with California labeling law; the poaching claim is speculative and supported only by hearsay; however the separate contract claim for non-delivery is credible. Consequently the defendant's unconditional leave to defend was set aside and replaced by conditional leave requiring payment into court of US$438,972 within 21 days, with costs in the…
- Sale of goods ordinance s16 (merchantable quality and fitness)
- Sale of goods ordinance s55 (abatement)
- Equitable set-off
- Order 14 summary judgment/leave to defend
- Conditional leave to defend
- California proposition 65 (cal. health & safety code §25249.6)