27 May 2014
張志明 對 創庫迷你倉有限公司
- Citation
- 張志明 對 創庫迷你倉有限公司
- Court
- District Court
- Case number
- DCCJ3726/2011
Although the vendor's standard two‑page terms were in principle incorporable and form part of the licence, the defendant failed to give the plaintiff reasonable notice before invoking clause 9.3; the court found the plaintiff did not prove receipt of the July faxes and that defendant did not know of the 27 July bank payment, but because the defendant's 18/19 July notice and conduct did not constitute reasonable notice to reassert the forfeiture/clearance right the clearance on 4 August 2011 was wrongful; damages are awarded on the proved inventory with symbolic values for unproven items and a…