23 Dec 2005
OWT ASIA LTD v. CPCNET HONG KONG LTD AND ANOTHER
- Citation
- OWT ASIA LTD v. CPCNET HONG KONG LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA6436/2000
The PXS 1000 as contracted included postpaid software and a usable GUI; the Defendant breached implied terms of conformity with description and fitness for purpose by failing to ensure delivery of postpaid software, an adequate GUI and completion of UATs and by allowing the system to remain non‑functional; Plaintiff validly terminated on 17 October 1999 and is entitled to recover the deposit and specified wasted expenditures; Defendant's counterclaim and its claim for indemnity against the Third Party fail because Defendant's non‑payment to the Third Party amounted to conduct excusing the Thi…