28 Apr 2011
LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD
- Citation
- LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD
- Court
- District Court
- Case number
- DCCJ1891/2007
On the evidence the consistent past course of dealings — invoices issued to and habitually paid by the defendant, defendant assuming negotiation and financial consequences of disputes, absence of contemporaneous objection — established contracts between the plaintiff and the defendant for all 36 invoices; the Identity Defence therefore fails. The counterclaim succeeded only in respect of the US$4 per piece reduction for the Cardigan Orders, quantified and supported by primary documents at HK$200,834; other heads (labour remediation, airfreight) were disallowed for inadequate evidence. Net jud…