22 Jul 1998
JOY PLUS (SILK) DYEING FACTORY LTD. v. CHINESE ARTS & CRAFTS (HK) LTD.
- Citation
- JOY PLUS (SILK) DYEING FACTORY LTD. v. CHINESE ARTS & CRAFTS (HK) LTD.
- Court
- Court of First Instance
- Case number
- HCA2451/1993
Reactive dyeing was not a contractual term; the evidence did not establish that the fabrics failed the contractual DIN 54024 colour fastness standard on balance of probabilities because of unreliable and variable test results and the proven adverse effect of shrinkage treatment; the three‑day delivery note clause and alleged trade custom were not incorporated; accordingly Plaintiff was entitled to the contract sums with statutory interest and the Defendant's counterclaim was dismissed.