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
- DCCJ5479/2004
The court concluded the Plaintiff was entitled to judgment for HK$211,900 plus interest because the Plaintiff performed deliveries and variation orders, the Defendant failed to establish a contractual basis to withhold payment (the alleged 20% payment term tied to HKHA T&C was not in the Sales Contract), the Defendant did not permit the Plaintiff to verify or rectify alleged defects before hiring others, and the Defendant failed to prove the values claimed in its counterclaim; accordingly the counterclaim was dismissed.