20 Apr 2010
TUNG TAT TRANSPORTATION LTD v. DELTAMAX FREIGHT SERVICE (HK) LTD
- Citation
- TUNG TAT TRANSPORTATION LTD v. DELTAMAX FREIGHT SERVICE (HK) LTD
- Court
- Court of First Instance
- Case number
- HCA2596/2004
Tung Tat was negligent in both incidents; however Deltamax breached clause 1(4) of the 1st Contract by failing to procure the required transportation liability insurance and Tung Tat is entitled to rely on that breach to offset Deltamax's claim for the 1st incident (circuity of action). Tung Tat failed to prove the alleged oral agreement and failed to establish estoppel based on the 17 September 2004 e-mail; accordingly Deltamax recovers damages for the 2nd incident (US$215,809). Tung Tat's claim for logo removal costs fails. Costs ordered with Deltamax entitled to 70% of costs of both action…