1 Sept 1998
SCHMIDT & CO. (HONG KONG) LTD. v. DAVID H. WOO t/a PHASE INDUSTRIES
- Citation
- SCHMIDT & CO. (HONG KONG) LTD. v. DAVID H. WOO t/a PHASE INDUSTRIES
- Court
- Court of First Instance
- Case number
- HCA10966/1994
The court accepted credible, direct expert and supplier testimony that the machines functioned with conforming parts and that the supplied small components were out of specification and caused continuous jamming; the defendant failed to prove the machine itself was defective or to adducesufficient live evidence (including the letter's author). Accordingly the plaintiff was entitled to judgment on the contract claim; separate compliance with the Letter of Credit documentary certificate requirement was not satisfied, so no entitlement arose under the L/C.