23 Jan 2003
GUANG DONG WALLONG IMPORT & EXPORT CORPORATION v. WILLI CO. LTD.
- Citation
- GUANG DONG WALLONG IMPORT & EXPORT CORPORATION v. WILLI CO. LTD.
- Court
- District Court
- Case number
- DCCJ7256/2001
On the balance of probabilities the Purchase Order was a contract between the Defendant and the Factory; contemporaneous documentary evidence (notably the Factory's fax directing deductions and payment method), the parties' longstanding direct dealing, lack of a written contract between Plaintiff and Defendant and the context of the letters established that the Plaintiff acted under the Factory's instructions and was not the contracting seller; therefore Plaintiff's claim for USD 40,147.42 failed and Defendant's position on set-off was supported.