Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Software licensing and maintenance

Legal area

Court

21 Aug 2007

TECH-TRANS SYSTEM LTD v. ELM COMPUTER TECHNOLOGIES LTD

Citation

TECH-TRANS SYSTEM LTD v. ELM COMPUTER TECHNOLOGIES LTD
Court

District Court
Case number

DCCJ1200/2005

The Court found no evidence Ocean rejected the goods; the alleged oral delivery-only-on-request term was either inadmissible as contradicting the written contract or was beyond the agent's authority; the maintenance period issue was a breach of warranty under s.55(1) and did not permit rejection; the signed quotation by Tech-Trans Telecom made it party to the contract; accordingly TT System's claim failed and ELM succeeded on its counterclaim against Tech-Trans Telecom for US$98,641.86 plus interest.
12 Jul 1985

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS

Citation

UIC FACTORY LTD v. ZUNG FU CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA7134/1983

The court found on the evidence that Zung Fu performed the contracts and remedied minor defects, that UIC failed to prove the software was unfit or incapable of adaptation, that UIC failed to cooperate by providing a competent operator and necessary data and was in default of payment; payment and delivery were concurrent so Zung Fu lawfully withheld further delivery/training; accordingly UIC's claims failed and Zung Fu was entitled to judgment for unpaid contractual sums plus contractual interest.