30 Mar 2015
TOPWIN & COMPANIES LTD v. PRISM TECHNOLOGY LTD
- Citation
- TOPWIN & COMPANIES LTD v. PRISM TECHNOLOGY LTD
- Court
- Court of First Instance
- Case number
- HCA1930/2011
The court held that Topwin's signing and return of the PS3 purchase orders amounted to acceptance of fixed shipment dates which, given the commercial context and target Christmas season, were of the essence; Topwin breached by late delivery and by failing to deliver the remaining PS3 units and Prism validly treated remaining orders as repudiated; Prism was entitled to damages for loss of profit (USD144,321.64) and additional airfreight (USD175,508.22) and Topwin's counterclaims were dismissed; no concluded contract existed for the Xbox headsets (Topwin did not accept the Xbox POs/SCs) and Pri…