Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damaged goods

Legal area

Court

29 Nov 2002

JIMHO INTERNATIONAL LTD. v. FLOWER-POWER GMBH

Citation

JIMHO INTERNATIONAL LTD. v. FLOWER-POWER GMBH
Court

District Court
Case number

DCCJ3221/1999

Defendant failed to prove on the balance of probabilities the existence of the alleged oral agreements and the asserted water damage; disputed documents were unreliable and explanations inconsistent; accordingly set-off was not established and plaintiff is entitled to judgment for the unpaid invoice with interest and costs.
23 Jan 1997

CHEUNG SHING YUK TONG CO. LTD. v. HIP HING CONSTRUCTION CO. LTD.

Citation

CHEUNG SHING YUK TONG CO. LTD. v. HIP HING CONSTRUCTION CO. LTD.
Court

Court of First Instance
Case number

HCA6793/1991

Court found plaintiff entitled to judgment but allowed reductions from the unpaid balance for the defendant's proven losses: a deduction equivalent to 5% of the contract price (HKD 24,150) representing the 'spare' portion depleted by damage, and HKD 70,000 for reasonable remedial works; short delivery claim (HKD 3,389.16) was treated as covered by the 5% allowance; counterclaim dismissed; net judgment for plaintiff HKD 50,750 plus interest and costs on District Court scale.