Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Liability for detention by customs

Legal area

Court

9 Nov 2010

PEARL POND LTD v. TUNG GA LINEN & COTTON MILLS LTD

Citation

PEARL POND LTD v. TUNG GA LINEN & COTTON MILLS LTD
Court

District Court
Case number

DCCJ2629/2007

The court found that Pearl Pond contracted with Tung Ga for the supply of fabrics and instructed delivery to its subcontractor Keys; therefore the payments were not mistaken and Pearl Pond was liable under the supply contracts. Consequently Tung Ga was entitled to judgment on its counterclaim for unpaid invoices in the sum awarded and Pearl Pond's claims were dismissed.
9 Nov 2010

TUNG GA LINEN & COTTON MILLS LTD v. PEARL POND LTD

Citation

TUNG GA LINEN & COTTON MILLS LTD v. PEARL POND LTD
Court

District Court
Case number

DCCJ2630/2007

The court found the documentary and email evidence established that contracts for fabric supply were between Pearl Pond and Tung Ga and that Pearl Pond instructed delivery to Keys and agreed to settle those invoices, and that delivery was FOB Hong Kong so ownership and customs responsibility passed to Pearl Pond; consequently the payments were not mistaken and Tung Ga was entitled to its counterclaim of HK$903,482.82, with the Plaintiff's claim dismissed.