16 Oct 2025
DRACCO NETHERLANDS B. V. v. SIMBA TOYS GMBH & CO. KG
- Citation
- [2025] HKCFI 5108
- Court
- Court of First Instance
- Case number
- HCA304/2014
The court held that (1) figurines not supplied by Dracco fall within Category A; (2) the 3% TV-promotion deduction is not pan‑European in scope absent clear contract wording and must be applied country‑specifically; (3) a material unexplained discrepancy between figurines supplied and playsets sold justified an account but not a full audit under Clause 11d given prior interlocutory rulings; (4) Dracco's purported extraordinary termination of 15 January 2014 was not effective and Simba's 18 February 2014 communication did not unequivocally accept repudiation, hence neither party validly termin…