Aldwick Textile Exports Ltd. v. Hung To Textiles Co. Ltd.

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4769 OF 2001

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J U D G M E N T

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1. The Plaintiff brings the present action against the Defendant to claim for price for goods sold and delivered.

2. The Plaintiff delivered the goods in issue to the Defendant, but the latter seeks to dispute liability on the ground that the Plaintiff was in breach of the term of the contract, as the Plaintiff was late in delivering parts of the goods to the Defendant and the goods delivered were defective.

3. The Defendant does not appear in the trial and so there is no evidence adduced in the trial to substantiate the Defendant's allegation.

4. I have listened to the evidence of the Plaintiff's witness, Mr Raymond Ng. I accept him to be an honest and truthful witness. I accept that the Plaintiff has delivered the goods in issue and the Defendant has not paid for the same. I therefore grant judgment in favour of the Plaintiff for the amount claimed in the Statement of Claim.

5. So I make an order that judgment for the Plaintiff against the Defendant in the sum of $174,187 together with interest at 10.86 per cent per annum from the 4th day of July 1996 to the date hereof and thereafter at judgment rate.

6. Costs of this action be to the Plaintiff with costs incurred before the transfer of this action from the Court of First Instance to the District Court be taxed on High Court Scale and costs incurred after such transfer be taxed on the District Court Scale.

(Discussion re counsel fee)