19 Jan 2007
ETACOL (HONG KONG) LTD AND OTHERS v. SINOMAST LTD AND OTHERS
- Citation
- ETACOL (HONG KONG) LTD AND OTHERS v. SINOMAST LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3126/2003
On the objective appraisal of documentary and testimonial evidence, the court found Etacol acted solely as paymaster/agent for Merchantex/Uniwear in facilitating a letter of credit as required by JCP and HSBC; the fact that letters of credit and related documents named Etacol reflected financing and administrative arrangements and did not establish Etacol as the buyer; Sinomast failed to prove Etacol was the contracting purchaser or that Etacol had assumed concurrent personal liability as agent; accordingly Etacol entitled to declaratory relief and Sinomast's counterclaim dismissed; separate…