5 Oct 1989
WEARBEST GARMENT MANUFACTURING CO LTD. v. CHERRY STIX (HONG KONG) LTD.
- Citation
- WEARBEST GARMENT MANUFACTURING CO LTD. v. CHERRY STIX (HONG KONG) LTD.
- Court
- Court of First Instance
- Case number
- HCA2497/1989
The guarantee was not ambiguous; the defendant, familiar with the quota regime, must have reasonably contemplated the regulatory consequence of underutilisation and is therefore liable to procure a permanent transfer of 2,946 dozen of category No.341 to the plaintiff, with the loss apportioned rateably among transferees who underutilised; indemnity costs were refused and costs awarded on a party-and-party basis.