9 Aug 2006
FUJI XEROX (HONG KONG) LTD v. VIGERS HONG KONG LTD
- Citation
- FUJI XEROX (HONG KONG) LTD v. VIGERS HONG KONG LTD
- Court
- Court of First Instance
- Case number
- HCA3735/2003
Clause 12C (12) of the 2nd DSA is not a penalty but a genuine pre-estimate of loss; the plaintiff had a legitimate interest in keeping the contracts alive and was not obliged to accept the defendant's repudiation or the proposed assignment to Fairock; accordingly the plaintiff was entitled to judgment for the contractual sums specified and interest at 2.5% per month; costs to follow.