10 Oct 1985
DAVINA PACKAGING CO LTD v. O MARK HDPE SUPPILES AND ENTERPRISES CO
- Citation
- DAVINA PACKAGING CO LTD v. O MARK HDPE SUPPILES AND ENTERPRISES CO
- Court
- Court of First Instance
- Case number
- HCA1147/1984
On the balance of the documentary evidence (contract marks, certificates of origin, bill of lading) and the credible oral evidence of the defendant's buyer (Defour), the court was satisfied the rejected goods were manufactured by the plaintiff and were defective; the defendant was therefore entitled to set off the remainder-sale loss of HK$75,813.30 and to judgment on the counterclaim for HK$16,716.09; the plaintiff's claim was dismissed.