5 May 2010
KEYMARK TEXTILES LTD v. MANWAY TEXTILES CO LTD
- Citation
- KEYMARK TEXTILES LTD v. MANWAY TEXTILES CO LTD
- Court
- Court of First Instance
- Case number
- HCA1610/2007
No express term was proved by either party as to application of the 12% maximum weaving loss. However, an implied term was necessary and obvious to give business efficacy: the 12% maximum weaving loss is to be applied and calculated by reference to each individual sizing batch. On that basis Keymark proved a shortfall of 176,095.45 yards and damages of HK$801,041.73. Manway proved the 14th invoice for HK$408,000. After set-off Keymark owed Manway HK$342,563.59; interest and costs orders follow.