19 Aug 1977
HOP FUNG GARMENTS LTD v. KAWA TEXTILES (HONG KONG) LTD
- Citation
- HOP FUNG GARMENTS LTD v. KAWA TEXTILES (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA2430/1976
Defendant failed to prove that the bulk of the goods were so defective as to justify repudiation; the only independent examination (five Parka coats) showed limited defects insufficient to establish systemic failure; defendant accepted the Nato jackets (and failed to comply with contractual dispute procedures and to provide particulars or permit proper inspection) and thus cannot set off alleged loss of profits. Accordingly plaintiff is entitled to the contract price and the defendant's counterclaim is dismissed.