18 Apr 2008
SUCCESS REWARD ENGINEERING LTD v. EVER-COLD REFRIGERATION TRADING CO LTD
- Citation
- SUCCESS REWARD ENGINEERING LTD v. EVER-COLD REFRIGERATION TRADING CO LTD
- Court
- District Court
- Case number
- DCCJ5871/2004
The court found the written Sales Contract did not contain the alleged HKHA retention term, accepted the Plaintiff's evidence that goods were delivered and testing passed, found the Defendant had not given the Plaintiff an opportunity to verify or rectify defects and had improperly engaged others and withheld payment; accordingly the Plaintiff was entitled to the outstanding HK$211,900 with interest and the Defendant's counterclaim was dismissed.