Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Defects in goods
  • 21 Jul 2014

    MASTER WEAVING LTD v. HANBO ENTERPRISES LTD

    Citation
    MASTER WEAVING LTD v. HANBO ENTERPRISES LTD
    Court
    Court of First Instance
    Case number
    HCA676/2012

    On the evidence the fabrics under both FPOs were not proved to be defective attributable to the plaintiff; the defendant nevertheless accepted the fabrics by conduct (manufacturing garments, issuing cargo receipt leading to LC payment, and applying for another LC); the contemporaneous email from the defendant's merchandiser and the parties' conduct established a binding collateral compromise to hold and account for payments and to apply proceeds after resale, which barred recovery of the sums claimed for the 2nd FPO and the 8 invoices; plaintiff succeeded only on the 2009 invoice for US$477 w…