Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dismissal of third party claim
  • 6 Oct 1977

    ISPARTA LTD v. B.A.R.T.E.R. (HK) LTD

    Citation
    ISPARTA LTD v. B.A.R.T.E.R. (HK) LTD
    Court
    Court of First Instance
    Case number
    HCA1478/1975

    On the evidence the 1st defendant acted throughout as agent of the 2nd defendant for the full 50,000 dozen; there was insufficient evidence that the 1st defendant assumed sole liability for the additional 10,000 dozen or that a joint venture existed; therefore the plaintiff succeeds against the 1st and 2nd defendants for the agreed damages and the 1st defendant is entitled to indemnity from the 2nd defendant; claims against the 3rd defendant and the 2nd defendant's indemnity claim against the 1st defendant are dismissed.