14 Sept 2022
The court accepted the plaintiff's documentary and witness evidence, found the defendant failed to comply with the unless order and produced no admissible evidence to rebut the invoices, rejected the pleaded defences as vague, irrelevant or unproven, and therefore entered judgment for the plaintiff for the claimed unpaid sums with interest and costs.
6 Jan 2022
The court accepted the Plaintiff's unchallenged documentary and witness evidence that the Defendant was the purchaser under the 35 invoices and rejected the agency, quality, price negotiation and estoppel defences; accordingly the Defendant is liable for the principal sum of US$860,533.47 and the Plaintiff is awarded pre-judgment interest at 3% per annum.
14 Oct 2016
The appeal was dismissed because the trial judge's factual findings—based on credibility of the accounting witness and the absence of contemporaneous documentary proof from PIC—were supported by the evidence; PIC failed to prove performance of the sub-contracts or that the disputed cheques discharged the invoices, and the fresh evidence application failed the established test; the high threshold for overturning factual findings on appeal was not met.
4 Jun 2014
On the balance of probabilities the court accepted Kiddie's version that Etech agreed to take over the goods sold to Acorp and that the two cashier orders were applied to settle the relevant Acorp invoices; after crediting US$502 excess payment, judgment was entered for Kiddie for US$65,298.30 with interest; Etech's counterclaims and the second action were discontinued; costs to follow the event on party-and-party basis.
9 Apr 2003
The court accepted the Plaintiff's account receivable statements and delivery evidence as establishing indebtedness, allowed quantified deductions for defects, overcharging, duplicate invoice and admitted payments totalling $475,225.90, and held that clause 10.c permitted termination because many invoices were outstanding for over two months; accordingly judgment was entered for the Plaintiff for the net sum of $1,348,151.10 and the Defendant's counterclaim was dismissed except for two specific awards ($28,000 and $45,000).
7 Mar 2001
The plaintiff proved non-payment of the seven invoices by production of the white originals and contemporaneous records; the payments and cheques relied upon by defendants were shown to relate to earlier 1993 invoices not the seven 1994 invoices; and Mrs Luk by her conduct represented herself as partner and is therefore personally liable; accordingly judgment is entered for plaintiff against both defendants for the respective unpaid sums with interest and costs.