22 May 2003
GOLDEN LEAF INTERNATIONAL DEVELOPMENT (HONG KONG) LTD v. DURFFEE TOBACCO (HOLDINGS) CO LTD
- Citation
- GOLDEN LEAF INTERNATIONAL DEVELOPMENT (HONG KONG) LTD v. DURFFEE TOBACCO (HOLDINGS) CO LTD
- Court
- District Court
- Case number
- DCCJ18931/2001
On the evidence the Tudor machine was delivered by mistake and the Plaintiff had verbal (but not written) requests for its return; the parties failed to prove a specific agreed production performance standard and no expert evidence was adduced, so the defendant failed to prove non-conformity; accordingly the defendant must pay the outstanding $240,000 with interest and must return the mistakenly delivered Tudor machine, with the Plaintiff to bear the cost of its return.
- Inspection and acceptance
- Warranty and fitness for purpose
- Mistaken delivery
- Return of goods
- Damages for conversion
- Interest