26 Jul 2006
HOPEFUL MEAT LTD v. TAI PO FROZEN MEAT CO LTD
- Citation
- HOPEFUL MEAT LTD v. TAI PO FROZEN MEAT CO LTD
- Court
- District Court
- Case number
- DCCJ15918/2000
Court found defendant unjustified in unilateral deduction for alleged defects and held defendant materially breached Contract SI5000645; plaintiff validly claimed price only for eight invoices issued before the godown ban and payable on a day certain under s.51(2) (total HKD 146,889.15); appropriation under s.20/Rule 5(1) was not proved so s.51(1) did not apply; plaintiff had accepted repudiation and rescinded contracts and failed to mitigate storage losses so storage charges were disallowed; prior summary judgment of HKD 64,399 set off, leaving defendant to pay HKD 82,490.15; defendant's cou…