Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Notice of rejection

Legal area

Court

24 Nov 2005

N.V. KONINKLIJKE SPHINX GUSTAVSBERG v. CO?PERATIEVE CENTRALE - RAIFFEISEN-BOERENLEENBANK B.A

Citation

N.V. KONINKLIJKE SPHINX GUSTAVSBERG v. CO?PERATIEVE CENTRALE - RAIFFEISEN-BOERENLEENBANK B.A
Court

Court of Appeal
Case number

CACV161/2004

Appeal allowed in part: the court held that the route B presentation insofar as it related to NLG 419,689.20 complied with the terms of the standby LC and UCP 500 because the officers' certificate functioned as the beneficiary's certificate and validly identified the amount via the pro forma invoice; accordingly the defendant's stated ground in its SWIFT that 'beneficiary's certificate does not state amount claimed' could not sustain rejection of that sum. The judge's findings on delay and other discrepancies were upheld; remainder of plaintiff's claim dismissed.
23 Jul 2004

COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. v. BANK OF CHINA

Citation

COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. v. BANK OF CHINA
Court

Court of First Instance
Case number

HCCL56/2001

The court refused to vary the order nisi: it held that the plaintiff failed to establish the exceptional circumstances required to apportion costs by reference to success on individual issues and that the defendant's experts were reasonably engaged; accordingly the defendant is entitled to its costs of the action and the application is dismissed.