17 Oct 2022
BENS AUTO LTD v. SPS AUTOMOTIVE PERFORMANCE (HK) LTD
- Citation
- [2022] HKCFI 3001
- Court
- Court of First Instance
- Case number
- HCA477/2018
Court accepted Plaintiff's written contracts with Jip and oral back-to-back agreements between Plaintiff and Defendant, rejected Defendant's account and Woo's testimony, found deposits were paid by Plaintiff, found express term that deposits would be refunded if no delivery, held there was no agreed time for payment so no entitlement to forfeit, terminated by 28 September 2017 letter, and therefore Plaintiff entitled to refund of HK$3,135,000 and EUR1,075,000 with interest and costs.