6 Dec 2011
CARL YUNG GEMS LIMITED V LEADING DESIGN JEWELLERY LIMITED HC AK CIV-2007-404-2545
- Citation
- openlaw-b4778331_5aec_4c75_978d_40186db071b4.pdf
- Court
- High Court
The May 2003 printed credit terms were not varied to a six-month credit term; the October 2003 variation resulted in CY Gems manufacturing finished product in China with Leading Design to pay invoiced price plus an additional payment equal to half of an understood 20% margin applied against the core debt by post-dated cheque; the evidence did not establish a joint venture or a guaranteed 20% margin or an entitlement to the pleaded set-off; the Fair Trading Act counterclaim and claims for aggravated/exemplary damages lacked evidential foundation; the personal guarantees remained effective and…