6 Jun 2002
Savino Del Bene China Ltd. v. Convac Technologies Ltd.
- Citation
- Savino Del Bene China Ltd. v. Convac Technologies Ltd.
- Court
- District Court
- Case number
- DCCJ3504/2001
The court, having accepted the plaintiff's concessions removing factual disputes, exercised Order 14A jurisdiction and held clause 16.2 to be a penalty rather than genuine pre-estimate of loss because it was a labelled 'penalty', provided for a single lump sum applicable to varying degrees of breach (from trivial to serious) and therefore was not a genuine pre-estimate; accordingly the defendant could not withhold freight charges or set off cargo-related losses, and summary judgment for the freight charges was granted to the plaintiff.