Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Payment/default

Legal area

Court

12 Jul 1985

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS

Citation

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA7011/1983

The court found that Zung Fu adequately performed its contractual and training obligations, UIC failed to prove that the software was unfit or that Zung Fu was negligent, UIC defaulted in payments such that delivery and payment were treated as concurrent conditions, and therefore judgment was entered for Zung Fu for the unpaid sum plus contractual interest.
12 Jul 1985

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS

Citation

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA7134/1983

The court found on the evidence that Zung Fu performed the contracts and remedied minor defects, that UIC failed to prove the software was unfit or incapable of adaptation, that UIC failed to cooperate by providing a competent operator and necessary data and was in default of payment; payment and delivery were concurrent so Zung Fu lawfully withheld further delivery/training; accordingly UIC's claims failed and Zung Fu was entitled to judgment for unpaid contractual sums plus contractual interest.