24 Dec 1998
WING HING PROVISION, WINE & SPIRITS TRADING CO. LTD. v. HANJIN SHIPPING CO. LTD.
- Citation
- WING HING PROVISION, WINE & SPIRITS TRADING CO. LTD. v. HANJIN SHIPPING CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA9510/1995
The Court found on the evidence that an oral agreement existed in late June 1995 establishing all-inclusive freight rates (US$1,025 for 40' and US$897 for 20') with a three-month notice term; that the agreement was enforceable by consideration and repeated performance; the Defendant breached the agreement by demanding THC and withholding delivery; Plaintiff was entitled to damages of HK$585,144 for wasted truck costs, release of HK$117,000 held in joint solicitors' account, costs and dismissal of Defendant's counterclaim for THC.