11 Jul 2017
SNE ENGINEERING CO LTD v. CHIM KEE MACHINERY CO LTD
- Citation
- SNE ENGINEERING CO LTD v. CHIM KEE MACHINERY CO LTD
- Court
- Court of Appeal
- Case number
- CACV101/2016
The TRA did not vary or replace the 30-day payment term nor prevent termination for overdue pre-May and May invoices; Chim Kee validly terminated under clause 5(b) for non-payment; the wide implied term alleged by SNE did not survive termination and, in any event, Chim Kee acted reasonably in requiring a demobilisation plan and third-party consent; SNE's primary evidential bases for its claimed losses were inadequate; the judge's award of storage charges to Chim Kee was set aside on appeal and the quantum for May and June hire charges was adjusted in Chim Kee's favour.