Hong Kong Case Law: Decisions & Judgments

Topic

Quota transfer

Legal area

Court

19 Apr 2002

BUTCON LTD. v. PRECIEUX GARMENT FACTORY LTD.

Citation

BUTCON LTD. v. PRECIEUX GARMENT FACTORY LTD.
Court

District Court
Case number

DCCJ15550/2000

The court accepted the independent witness evidence that transfers were approved in practice and that quotas could have been used or sold; it accepted the supplied market transaction prices as reflecting open market value, calculated average prices for 1999 and 2000 and awarded damages of $46,760 based on (81+59) x 334, with interest from writ to judgment and thereafter at judgment rate and costs to Plaintiff.
27 Mar 2001

RICHLAM TRADING CO. LTD. v. ASHLEY TRADING LTD.

Citation

RICHLAM TRADING CO. LTD. v. ASHLEY TRADING LTD.
Court

Court of First Instance
Case number

HCA11594/1999

The contract comprised both the letter of guarantee and the transfer form; defendant breached guarantees by exporting non‑Hong Kong origin goods and thereby caused the Director‑General to discount 462 dozens which in turn caused (by application of the 50% temporary‑transfer rule) quota reductions; however, losses in other categories arising from the 50% rule were too remote because the defendant lacked knowledge of plaintiff's overall transfers, so defendant is liable only to transfer 462 dozens in category 638/639 and to pay damages for loss of use to be assessed.
27 Jun 2000

LUCKY HORSE GARMENT FACTORY LTD. v. CHAN LIE HUNG t/a LUEN SANG TEXTILES CO. (a firm)

Citation

LUCKY HORSE GARMENT FACTORY LTD. v. CHAN LIE HUNG t/a LUEN SANG TEXTILES CO. (a firm)
Court

Court of First Instance
Case number

HCA18682/1999

Where the Trade Department has taken action discounting shipment performance for failure to establish Hong Kong origin, that administrative action triggers the contractual indemnity under the Agreement and the plaintiff is entitled to summary judgment without the need to relitigate the factual origin of the goods.
5 Oct 1989

WEARBEST GARMENT MANUFACTURING CO LTD. v. CHERRY STIX (HONG KONG) LTD.

Citation

WEARBEST GARMENT MANUFACTURING CO LTD. v. CHERRY STIX (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCA2497/1989

The guarantee was not ambiguous; the defendant, familiar with the quota regime, must have reasonably contemplated the regulatory consequence of underutilisation and is therefore liable to procure a permanent transfer of 2,946 dozen of category No.341 to the plaintiff, with the loss apportioned rateably among transferees who underutilised; indemnity costs were refused and costs awarded on a party-and-party basis.
23 Dec 1988

PROSPERITY CLOTHING COMPANY LIMITED v. CHEN KWEN SHEN alias CHAN KWAN SUM t/a WORLDWIDE IMPEX COMPANY

Citation

PROSPERITY CLOTHING COMPANY LIMITED v. CHEN KWEN SHEN alias CHAN KWAN SUM t/a WORLDWIDE IMPEX COMPANY
Court

Court of First Instance
Case number

HCA3557/1988

The court found the broker's quotation and surrounding evidence sufficient to reject the defendant's unchallenged but imprecise figures and held the market price would not have been below $850 per dozen; accordingly awarded damages of $340,000, interest at 1% over prime from writ to judgment, and costs to the plaintiff with a certificate for counsel.
29 Oct 1984

CRYSTAL KNITTERS LIMITED v. HUNG WAI HOI, GILBERT t/a G.T. TRADING COMPANY

Citation

CRYSTAL KNITTERS LIMITED v. HUNG WAI HOI, GILBERT t/a G.T. TRADING COMPANY
Court

District Court
Case number

DCCJ13550/1983

The phrase 'in the next textile year' must be read in context with surrounding circumstances to require defendants to effect permanent transfers upon being informed of the plaintiff's reduced allocation for that year; defendants breached that duty and are liable in damages.

Hong Kong Case Law

BUTCON LTD. v. PRECIEUX GARMENT FACTORY LTD.

RICHLAM TRADING CO. LTD. v. ASHLEY TRADING LTD.

LUCKY HORSE GARMENT FACTORY LTD. v. CHAN LIE HUNG t/a LUEN SANG TEXTILES CO. (a firm)

WEARBEST GARMENT MANUFACTURING CO LTD. v. CHERRY STIX (HONG KONG) LTD.

PROSPERITY CLOTHING COMPANY LIMITED v. CHEN KWEN SHEN alias CHAN KWAN SUM t/a WORLDWIDE IMPEX COMPANY

CRYSTAL KNITTERS LIMITED v. HUNG WAI HOI, GILBERT t/a G.T. TRADING COMPANY