4 Jan 2000
NIKKO BOEKI KABUSHIKI KAISHA v. MOTIVASIA HONG KONG LTD. AND ANOTHER
- Citation
- NIKKO BOEKI KABUSHIKI KAISHA v. MOTIVASIA HONG KONG LTD. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV262/1999
No concluded agreement on 3 November 1994 was proved to have varied the 26 October contract so that Herald became a contracting purchaser of 50% of the goods; the plaintiff also failed to plead its alternative claim against Motivasia on the unvaried contract; accordingly the substantive appeal is dismissed. However, having regard to the parties' conduct and equities, the costs order below is set aside: there is no order as to costs of the action, the plaintiff is awarded costs of the 6 December 1999 hearing, and the respondents are to have half their costs of the appeal (order nisi).