Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delivery delays
  • 9 Nov 2015

    ANTRON EXPRESS LTD 對 ALL BEST ACCESSORIES LTD

    Citation
    ANTRON EXPRESS LTD 對 ALL BEST ACCESSORIES LTD
    Court
    Court of First Instance
    Case number
    HCSA53/2015

    Leave to appeal refused because the tribunal's decision was a factual finding: the contract terms were incorporated, there was no agreed delivery date, the website statements were at most estimates and not proved to be binding contractual guarantees, the delays were caused by flight punctuality beyond the claimant's control and fell within the exclusion clause, and the defendant produced no persuasive evidence of reliance or that the terms were unconscionable; accordingly no arguable question of law or jurisdiction justified leave.