Hong Kong Case Law

21 Jun 2001

GOLDEN FABRIC LTD. v. HIGH FASHION GARMENT CO. LTD.

Citation

GOLDEN FABRIC LTD. v. HIGH FASHION GARMENT CO. LTD.

Court

Court of First Instance

Case number

HCSA23/2000

The C.O.D. term did not require physical delivery where the contract was C.I.F.; delivery of the customary documents or a delivery order sufficed to oblige payment, therefore the defendant breached the contract by refusing the delivery order and payment. However, the Deputy Adjudicator erred in awarding the full contract price as damages for undelivered items without assessing actual loss or mitigation; that portion of the award is set aside and remitted to the Small Claims Tribunal for a proper determination; the portion of the award for delivered items and specified storage charges is affir…

• C.i.f. contracts
• Cash on delivery (c.o.d.)
• Repudiatory breach
• Damages for breach of contract
• Mitigation of loss
• Specific performance/jurisdictional limits

14 Apr 2000

P & M INDUSTRIAL CO. LTD. v. WINNER BOB (H.K.) CO. LTD.

Citation

P & M INDUSTRIAL CO. LTD. v. WINNER BOB (H.K.) CO. LTD.

Court

Court of First Instance

Case number

HCA1178/1998

The court found the relevant samples were the approved lap-dip samples from the Taiwan visit, expert evidence established the delivered fabric did not conform to those samples, and issuance of the post-dated cheque under a c.i.f. contract did not waive plaintiff's rights because the plaintiff had not had a reasonable opportunity to compare the bulk with the sample; accordingly plaintiff entitled to damages for direct losses (travel, wages, air freight) and defendant's counterclaim dismissed.

• Late delivery
• Non-conformity with samples
• Waiver
• Estoppel
• Damages
• Counterclaim

13 May 1947

HUI OI CHOW v. UNIVERSAL TRADERS

Citation

HUI OI CHOW v. UNIVERSAL TRADERS

Court

Court of First Instance

Case number

HCA82/1946

The contract was a true c.i.f. contract therefore the statutory right of inspection did not apply; the defendants' conduct did not amount to an unequivocal repudiation so the plaintiff was not entitled to rescind. Judgment for defendants with costs.

• C.i.f. contracts
• Right of inspection
• Repudiation
• Rescission
• Contract construction

KISHINGCHAWD DINGONAL RAMCHANDANI t/a RANEYKO ENTERPRISES v. NYLEX PLASTICS LTD

Citation

KISHINGCHAWD DINGONAL RAMCHANDANI t/a RANEYKO ENTERPRISES v. NYLEX PLASTICS LTD

Court

Court of Appeal

Case number

CACV33/1971

The appeal is dismissed: clause 2 of the sub-contract, read in ordinary grammatical terms, exempted the buyer from liability for non-execution where exportation was prevented by reasons beyond his control; the payment was therefore ex gratia (unless an enforceable arbitration award, which was not established on the record), and the buyer's voluntary payment to protect business reputation was not reasonable mitigation that would entitle him to recover from the sellers.

• Contract interpretation
• Force majeure
• Ex gratia payment
• Mitigation of loss
• Contra proferentem
• C.i.f. contracts