XCHRX KITH MUTUAL BENEFITS INTERNATIONAL LTD. v. STACK ELECTRONICS FAR EAST LTD.

HCA 21508/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 21508 OF 1998

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J U D G M E N T

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1. The Plaintiff has issued a writ claiming the unpaid balance of the purchase price in the sum of US$53,766.00 in respect of computer parts allegedly delivered by them to the Defendant on 24 April 1998.

2. In its defence, the Defendant alleges that the goods in question were not of merchantable quality but were old, out-of date, oxidized and in some cases, not in conformity with the description specified in the contract.

3. Evidence has been filed, including a document dated 27 April 1998 where some apparent complaint was made in respect of some parts of the goods delivered. It is difficult to tell from the document what exactly this complaint is, but it appears to concern 3,960 pieces of the goods in question. Plainly, a document of this kind will require explanation and testing at the trial.

4. In my judgment, this is plainly a case where there are triable issues that make it inappropriate for judgment to be entered under Order 14. I will make an Order that there be unconditional leave to defend.