11 Mar 2020
BETTER MARINE INTERNATIONAL LTD v. ZHONG SHAN CO LTD
- Citation
- [2020] HKCA 145
- Court
- Court of Appeal
- Case number
- CACV242/2016
The Court held that liability to pay commission was tied to whoever was the seller under the shipbuilding contract; JITE, having negotiated the commission, adopted and revised the commission agreement so that ZS became the accountee/new seller, and ZS's conduct (including accepting and paying the first invoice without qualification) established acceptance and liability; contemporaneous documents and oral evidence established the rate of EUR50/ton and justified awarding EUR683,850.