9 Feb 2007
LEVA INTERNATIONAL TRADING CO v. HO KWAI PO AND ANOTHER t/a CONCORD ENTERPRISES
- Citation
- LEVA INTERNATIONAL TRADING CO v. HO KWAI PO AND ANOTHER t/a CONCORD ENTERPRISES
- Court
- Court of Appeal
- Case number
- CACV157/2006
The appeal was dismissed because the court found Concord Enterprises to be the contracting party: it issued and signed sales confirmations in its own name without qualification, retained a profit margin consistent with a sub-sale, and failed to disclose the supplier's confirmation (COR 729/03) which would have shown a lower supplier price; these facts displaced any inference that Concord was merely an agent for Concret Orgachem, so Concord was liable for non-delivery.