Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Non-acceptance

Legal area

Court

17 Sept 2003

MODERN BEAUTY SALOON LTD v. ESTH\'EDES INSTITUTE LTD

Citation

MODERN BEAUTY SALOON LTD v. ESTH\'EDES INSTITUTE LTD
Court

District Court
Case number

DCCJ22653/2001

No installation term was implied; on 17 September 2001 delivery to the Jacuzzi room was physically impracticable and the plaintiff constructively refused to accept delivery; the defendant lawfully resold the equipment and is entitled to damages for the plaintiff's repudiatory breach in the calculated sum awarded.
10 Aug 1998

PANASONIC SHUN HING INDUSTRIAL SALES (HONG KONG) CO. LTD. v. TECHWIN ELECTRONIC LTD.

Citation

PANASONIC SHUN HING INDUSTRIAL SALES (HONG KONG) CO. LTD. v. TECHWIN ELECTRONIC LTD.
Court

Court of First Instance
Case number

HCA5689/1997

The defendant's account of cancellation and non-delivery was found inherently improbable and unsupported by contemporaneous conduct and documents; there was no real prospect of the defence succeeding and therefore the appeal must be dismissed and the Master's judgment for damages for non-acceptance confirmed.