14 Apr 2000
P & M INDUSTRIAL CO. LTD. v. WINNER BOB (H.K.) CO. LTD.
- Citation
- P & M INDUSTRIAL CO. LTD. v. WINNER BOB (H.K.) CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA1178/1998
The court found the relevant samples were the approved lap-dip samples from the Taiwan visit, expert evidence established the delivered fabric did not conform to those samples, and issuance of the post-dated cheque under a c.i.f. contract did not waive plaintiff's rights because the plaintiff had not had a reasonable opportunity to compare the bulk with the sample; accordingly plaintiff entitled to damages for direct losses (travel, wages, air freight) and defendant's counterclaim dismissed.