Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Correspondence with sample

Legal area

Court

10 Feb 1999

ALL FUND INDUSTRIAL LTD. v. QUEENTEX CO. LTD.

Citation

ALL FUND INDUSTRIAL LTD. v. QUEENTEX CO. LTD.
Court

Court of First Instance
Case number

HCA11750/1995

On the evidence the QH (head) PCBs were unmerchantable and unfit for the intended interchangeable use and the Defendant was entitled to reject them; there was insufficient evidence of defect or non‑conformity as to Q‑19 and Q‑23 main board PCBs, so Defendant must pay for those; accordingly judgment is entered for the Plaintiff for the net sum of $346,354 plus interest and the Defendant's counterclaim is dismissed.
11 Dec 1992

AJAX INTERNATIONAL CO LTD v. ODYSSEY ITALY LTD

Citation

AJAX INTERNATIONAL CO LTD v. ODYSSEY ITALY LTD
Court

Court of First Instance
Case number

HCA5359/1991

The court found the defendant failed to prove the alleged universal defect and that reasonable inspections at production and before shipment would have disclosed the problem; the defendant did not rely on the seller's skill in a way that would import an implied term; the defendant also failed to mitigate loss by not discovering defects prior to shipment; accordingly the counterclaim was dismissed and judgment entered for the plaintiff for $140,029.02.