31 Mar 2022
MODERN (INTERNATIONAL) SCAFFOLDING SYSTEM LTD v. CHEERISE ASIA LTD
- Citation
- [2022] HKCFI 932
- Court
- Court of First Instance
- Case number
- HCCW237/2021
On the evidence the respondent's contractual construction that the supplier was obliged to provide and warrant a design and technical calculations fit for the demolition works was not tenable; the quotations were price lists conditional on orders and did not impose an immediate design obligation, the respondent placed orders inconsistent with reliance on the petitioner's design, and there was no bona fide dispute on substantial grounds as to the debt; the respondent also failed to prove solvency or entitlement to a stay; consequently a winding up order was justified and made.