15 Oct 2008
TIANXIANG GARMENT LTD v. WM (FAR EAST) LTD
- Citation
- TIANXIANG GARMENT LTD v. WM (FAR EAST) LTD
- Court
- Court of First Instance
- Case number
- HCA1700/2004
On the balance of probabilities the court found the quoted prices were expressly subject to quota fluctuations and there was no binding agreement fixing those prices until shortly before issuance of the transferred and amended transferred Letters of Credit; there was no agreement that Plaintiff would repay the alleged US$36,423.46; Defendant's 19 April 2004 cancellation was a wrongful repudiation; Plaintiff entitled to damages for travel, sample preparation, materials, quotas paid (40% so far) and loss of profit assessed at 6% of the LC sum; Defendant's counterclaim dismissed; costs to Plaint…