Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sale of unascertained goods
  • 9 Dec 2010

    DRAGON PEARL NIGHT CLUB RESTAURANT LTD v. LEUNG WAN KEE SHIPYARD LTD

    Citation
    DRAGON PEARL NIGHT CLUB RESTAURANT LTD v. LEUNG WAN KEE SHIPYARD LTD
    Court
    Court of First Instance
    Case number
    HCA889/2010

    As a matter of construction of the written Agreement (considering CIF delivery terms, reservation of documents/seatrials, risk retention/insurance obligation, and the scheme of instalments), property in the vessel remained with Leung Wan Kee until completion and delivery in Hong Kong; Leung Wan Kee therefore possessed a common law and statutory lien limited to the 5th instalment and a statutory right to sell; accordingly Dragon Pearl's applications for delivery up and interim injunction failed and were dismissed, the striking out application failed, Dragon Pearl was granted unconditional leav…