Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damages and counterclaim

Legal area

Court

20 Jul 2015

CHUM HING LIN v. PANG KI CHEUNG

Citation

CHUM HING LIN v. PANG KI CHEUNG
Court

District Court
Case number

DCCJ3040/2012

On the balance of probabilities the defendant breached the 2nd Agreement by failing to supply goods made of the agreed material (coloured glass); there was no proven variation to a 3rd Agreement; the plaintiff validly deducted agreed refund installments and was entitled to repayment of deposits; defendant's counterclaim failed except for the admitted $18,315.
6 Feb 1985

SMART SHOES LTD v. SO KA KING AND ANOTHER

Citation

SMART SHOES LTD v. SO KA KING AND ANOTHER
Court

Court of First Instance
Case number

HCA10394/1983

Court held that Clauses 8 and 9 required the seller to make technicians available (installation at buyer's expense) and a final start/test only became the seller's obligation after installation; the seller was not given the opportunity to comply, the defects were minor and foreseeable in used machinery and did not render the goods unmerchantable, therefore plaintiff was entitled to the balance of the price, interest and costs and the defendant's counterclaim failed.