16 Nov 1998
ICI SWIRE PAINTS LTD v. TECHI MOTOR ENGINEERING & TRADING CO
- Citation
- ICI SWIRE PAINTS LTD v. TECHI MOTOR ENGINEERING & TRADING CO
- Court
- Court of First Instance
- Case number
- HCA7251/1995
The court found that, applying the established test for implying terms, an implied term existed that ICI would supply goods to the Defendant for the duration of calendar year 1994 subject to stock availability; ICI (through Mr C.C. Cheung) unilaterally terminated supply in late May/1994 without mutual agreement or adequate contractual justification and therefore breached both the 1994 Sales Agreement and the 1994 Authorised Dealer Appointment; the Defendant is entitled to judgment on the counterclaim with damages to be assessed.