6 Jul 1989
HANG TUNG TRADING CO v. CHINA BUILD DEVELOPMENT LTD AND ANOTHER
- Citation
- HANG TUNG TRADING CO v. CHINA BUILD DEVELOPMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8415/1987
Plaintiff failed to prove on the balance of probabilities that the bales in the godown were the goods supplied under the contract and therefore failed on liability; the court found the defendant had conditioned acceptance of return within two weeks; the written contract between defendant and third party superseded any prior oral understanding and the third party must be treated as having assumed principal responsibilities; clause 9 was incoherent and unenforceable, clause 11 validly excluded consequential damages; accordingly plaintiff's claim and defendant's third party claim were dismissed.