27 Aug 1986
CHENG YIP WAH t/a HONG PING COMPANY v. MARVIN LEBOWITZ t/a LE BOW CREATIONS
- Citation
- CHENG YIP WAH t/a HONG PING COMPANY v. MARVIN LEBOWITZ t/a LE BOW CREATIONS
- Court
- Court of First Instance
- Case number
- HCA3638/1985
The court found the parties had waived and varied the delivery/payment time to 4:00 p.m. on 21/5/1985, plaintiff validly tendered payment then, defendant was unable to deliver which amounted to a fundamental breach discharging plaintiff; accordingly plaintiff was entitled to damages equal to the market replacement shortfall and to a refund of the deposit; defendant's counterclaim failed.