23 Mar 2007
GOLD FOUNTAIN KNITTERS LTD v. CONQUEST CO LTD
- Citation
- GOLD FOUNTAIN KNITTERS LTD v. CONQUEST CO LTD
- Court
- District Court
- Case number
- DCCJ2204/2005
The court awarded the Plaintiff HK$253,170.07 with interest from 12 May 2005 and dismissed the Defendant's set-off and counterclaim because (a) the Defendant failed to establish entitlement to set-off: the Unreturned Goods had not been preserved and the implied bailment had expired making set-off unavailable; (b) the Defendant failed to prove the factual basis and quantum of its counterclaims for copyright breach, late delivery and foreign-object contamination; and (c) evidence of any binding accord and satisfaction or agreement to reduce claims was rejected as unproved or inconsistent.