28 Jun 2010
TOP SUNNY (HONG KONG) LTD v. WESTPEX FASHION LTD
- Citation
- TOP SUNNY (HONG KONG) LTD v. WESTPEX FASHION LTD
- Court
- District Court
- Case number
- DCCJ2874/2009
The court found that property had passed and that there was sufficient evidence to entitle the Plaintiff to judgment for unpaid partial deliveries which the Defendant had accepted and not paid (total HK$24,420.55); but because the evidence on acceptance after the third inspection was ambiguous and there was credible evidence of defects (including admission of 209 scratched buttons/rivets and an Intertek salt spray result), the Defendant demonstrated an arguable defence to the remainder of the claim and was granted leave to defend; accordingly summary judgment was entered in part only and refu…