28 Nov 2011
CANNING INTERNATIONAL LTD v. FREENET ASIA LTD
- Citation
- CANNING INTERNATIONAL LTD v. FREENET ASIA LTD
- Court
- District Court
- Case number
- DCCJ433/2010
The court found the contractual 'penalty' clause was not a genuine pre-estimate of loss and therefore unenforceable as a penalty; Freenet failed to prove loss from short shipment and failed to prove ownership or provable cost of redeveloping paper patterns; Canning was entitled to its invoices and to bank charges caused by Freenet's conduct in inducing presentation under expired LCs; net judgment awarded to Canning in US$97,613.37 plus interest and costs.