13 Jul 2005
CELLPLUS (H K) LTD AND ANOTHER v. TEAM PRODUCTS INTERNATIONAL, INC AND OTHERS
- Citation
- CELLPLUS (H K) LTD AND ANOTHER v. TEAM PRODUCTS INTERNATIONAL, INC AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1034/2004
The misrepresentation defence failed because the November 2001 fax did not unambiguously represent that CellPlus itself was a manufacturer nor that goods would be sold at factory prices and Team Products gave no particulars of a course of dealing; accordingly equitable set-off based on that misrepresentation cannot succeed on summary judgment. Cancellation and delivery issues raise factual questions requiring trial (measure of loss on cancelled orders and proof of shipment under FOB). The maximum VIR that could be claimed in set-off for present purposes is US$609,372.90 based on Team Products…