22 Dec 2006
TOTAL ENERGY ASIA LTD v. STANDARD CHARTERED BANK (HONG KONG) LTD
- Citation
- TOTAL ENERGY ASIA LTD v. STANDARD CHARTERED BANK (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCCL68/2002
On the balance of probabilities the court found that SCB sent a faxed discrepancy list and, in the same time frame, communicated by telephone an unequivocal rejection and that the documents were being held at the presenter\u2019s disposal; the combination satisfied Article 14(d) UCP 500 and any mention of waiver did not render the rejection conditional, accordingly plaintiff\u2019s claim fails and SCB is not precluded by Article 14(e).