23 Apr 1993
SUN WAH OIL & CEREAL LTD. v. GEE TAI TRADING CO. LTD.
- Citation
- SUN WAH OIL & CEREAL LTD. v. GEE TAI TRADING CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV206/1992
The Court held the telexes constituted a concluded contract; the phrase 'Force majeure/arbitration: standard terms to apply' was meaningless but not essential to the contract and therefore severable under Nicolene v. Simmonds; variances in the Letter of Credit were accepted or waived by the vendor; damages of US$415,000 awarded to the purchaser under Sale of Goods Ordinance s.53(3).