24 May 2006
KEE SHING INDUSTRIAL PRODUCTS LTD v. WAH LAI METAL ARTIFICIAL JEWELLERY FACTORY (a firm)
- Citation
- KEE SHING INDUSTRIAL PRODUCTS LTD v. WAH LAI METAL ARTIFICIAL JEWELLERY FACTORY (a firm)
- Court
- District Court
- Case number
- DCCJ2115/2003
The court found, on the balance of probabilities, an express oral term that payment was due only after delivery to one of the Defendant's factories in the PRC; the Letter of Authorization did not vary or displace that oral term and was not incorporated to alter it; that oral term displaced the prima facie presumption in s34(1) Sale of Goods Ordinance; accordingly delivery to the carrier did not render the Defendant liable for the two metric tons not delivered and the Plaintiff's claim failed.