8 Apr 2022
LUCKY SKY (HONG KONG) LTD v. BODUM A.G.
- Citation
- [2022] HKCFI 1019
- Court
- Court of First Instance
- Case number
- HCA1513/2017
The court held that (1) the Plaintiff was entitled to payment of Annex A (US$894,532.42) because by 13 March 2017 the parties had used reasonable diligence under the 7 October 2016 agreement and the Plaintiff's cause of action had accrued; (2) the Defendant's obligation to pay Annex B was conditional on the Plaintiff telex releasing the goods and that condition was unmet, so Annex B claims were not payable; (3) the Defendant failed on Annex C and Annex E for lack of proof but succeeded on Annex D to the limited extent of lost profit (US$111,270); (4) the Plaintiff breached the mould return ob…