Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unpaid seller

Legal area

Court

17 Apr 2003

WINIMARK TOYS MANUFACTURING LTD v. KIDDIE PRODUCTS CO LTD

Citation

WINIMARK TOYS MANUFACTURING LTD v. KIDDIE PRODUCTS CO LTD
Court

Court of First Instance
Case number

HCA3925/2002

The defence of equitable set-off failed because the defendant's counterclaim was not closely connected to the transactions underlying the plaintiff's claim and therefore it would not be manifestly unjust to enforce the plaintiff's claim separately; additionally the plaintiff lawfully withheld delivery as an unpaid seller under s.44 SGO, so judgment for the unpaid price was entered.
2 May 1983

WELWIN KNITTING GARMENT FACTORY LTD v. WELNADE FABRIC MANUFACTURING LTD

Citation

WELWIN KNITTING GARMENT FACTORY LTD v. WELNADE FABRIC MANUFACTURING LTD
Court

Court of First Instance
Case number

HCA3794/1982

The counterclaim to counterclaim was struck out as superfluous because it added no independent cause of action, functioned only as a defensive set-off included ex abundanti cautela, and its presence would force the defendant to incur unnecessary costs; the proper plea for an unpaid seller who accepted repudiation is to claim the difference between contract price and market price or value, not the full contract price.