Toyota Tsusho (H.K.) Corporation Ltd v. Chimei Innolux Corporationningbo Iron and Steel Co., Ltd and Another

HCA 1173/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1173 OF 2011

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C O R R I G E N D U M

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Pleasenote that the following corrections in the Decision handed down by Deputy High Court Judge Kent Yee on 6 March 2017:

1.Page 2, paragraph 1 and line E, “...fLimited ...” should read as “... Limited ...”.

2.Page 3, paragraph 3 and line B, “... procured the Cargo Receipt to it ...” should read as “...procured the Cargo Receipt to be issued to it ...”.

3.Page 3, paragraph 5 and line K, “... for its supply to Kirin Industrial Shares Co. Limited (“Kirin”) ...” should read as “...for its supply to Kirin ...”.

4.Page 4, paragraph 9 and line P, “ ... as a matter of law CIC is entitled to ...” should read as “...as a matter of law whether or not CIC is entitled to ... ”.

5.Page 6, paragraph 18 and line Q, “... Ashiun testified for CIC.” should read as “... Ashiun testified for CIC among these four persons.”.

6.Page 6, paragraphs 15 & 19 and lines C & T, “... L/CDs and ...” should read as “... LCDs ...”.

7.Page 7, paragraph 24 and line T, “... Chen Lin and ... and ...” should read as “... CL and ...”.

8.Page 8, paragraph 25 and line H, “... purchasing L/CDs from ...” should read as “... purchasing LCDs  from ...”.

9.Page 9, paragraph 29 and lines L, K, M and P “... L/CDs ...” should read as “...  LCDs  ...”.

10.Page 11, paragraph 37 and line L “... TFT-L/CDs ...” should read as “...  TFT-LCDs  ...”.

11.Page 11, paragraph 38 and line S “... the LCDpanels ...” should read as “...  the LCD panels  ...”.

12.Page 13, paragraph 47 and line N “... it is a sales contract ...” should read as “...  it was a sales contract  ...”.

13.Page 14, paragraph 50 and line K, “... TFT-L/CDs ...” should read as “... TFT-LCDs ...”.

14.Page 16, paragraph 60 and line O, “... 27 January 2010 ...” should read as “... 16 December 2010 ...”.

15.Page 17, paragraph 65 and line P, “... a scan of ...” should read as “... a scanned copy of ...”.  

16.Page 20, paragraph 75 and line C, “... the Caro Receipt, ...” should read as “... the Cargo Receipt, ...”. 

17.Page 24, paragraph 94 and line C, “... Fujii instructed Lesley ...” should read as “... Mr Fujii instructed Lesley ...”. 

18.Page 24, paragraph 96 and line J, “... sales agreement ...” should read as “... sales agreements ...”. 

19.Page 33, paragraph 129 and line D, “... 1500 hours the next day ...” should read as “...1500 hours on the next day ...”.

20.Page 33, paragraph 131 and line M, “... is concerned ...” should read as “... was concerned ...”.

21.Page 34, paragraph 137 and line P, “... already been delivered ...” should read as “... already delivered ...”.

22.Page 35, paragraph 138 and line H, “... the Kirin Agreement ...” should read as “... the Kirin Agreements ...”.    

23.Page 35, paragraph 139 and line O, “... to find out under whether the Purported Contract was concluded between Toyota HK and under what circumstances CIC obtained the Cargo Receipt ...” should read as “...to find out whether the Purported Contract was concluded and under what circumstances CIC obtained the Cargo Receipt ...”.

24.Page 37, paragraph 144 and line C, “..., Fujii and ...” should read as “..., Mr Fujii and ...”

25.Page 38, paragraph 147 and line E, “... and neither ...” should read as “... and she neither ...”.

26.Page 40, paragraph 153 and line C, “... any weight the contents ...” should read as “... any weight to the contents...”.

27.Page 41, paragraph 158 and line C, “... application In reaching ...” should read as “... application. In reaching ...”.

28.Page 42, paragraph 161 and line H, “... all it witness ...” should read as “... all its witnesses ...”.

29.Page 44, paragraph 168 and line K, “... inconsistent with contemporaneous documents.” should read as “... inconsistent with the contemporaneous documents.”.

30.Page 45, paragraph 172 and line Q, “... with both Rebecca and Tiger has ...” should read as “... with both Rebecca and Tiger have ...”.

31.Page 51, paragraph 187 and line D, “... chops appearing in neither of the Controversial Contract ...” should read as “... the chops appearing in the Controversial Contract ...”.

32.Page 52, paragraph 191 and line C, “... had the exactly the same ...” should read as “... had exactly the same ...”.

33.Page 53, paragraph 196 and line I, “... to deceive Toyota HK to issue the Subject L/C ...” should read as “... to deceive Toyota HK into issuing the Subject L/C ...”.

34.Page 57, paragraph 208 and line E, “... and not open cells do not cause me ...” should read as “... and not open cells does not cause me ...”.

35.Page 57, paragraph 210 and line T, “... under the Kirin Agreement ...” should read as “... under the 2^nd Kirin Agreement ...” and line U. “... the fact that CIC agree to ...” should read “... the fact that CIC agreed to ...”.

36.Page 58, paragraph 213 and line P, “Sometimes the attachments ...” should read as “Some of the attachments...”.

37.Page 59, paragraph 216 and line P, “... I have already taken into all the evidence ...” should read as “... I have already taken into account all the evidence ...” and line S, “The Kirin Agreements was ...” should read “The Kirin Agreements were ...”.

38.Page 61, paragraph 216(5) and line F, “... to settle the Transactions ...” should read as “ ... to settle the Transaction ...”.

39.Page 61, paragraph 216(8) and line Q, “The Letter of Credit ...” should read as “It ...”.

40.Page 65, paragraph 216(19) and line G, “It practiced fraud ...” should read as “It practised fraud ...”.

41.Page 66, paragraph 218 and line B, “... the crux of the defence of the counterclaim of CIC ...” should read as “... the crux of the defence and the counterclaim of CIC ...”.

42.Page 69, paragraph 322 should be paragraph 232, and line T, “... for the purpose of the Kirin Agreement only.” should read as “... for the purpose of the Kirin Agreements only.”.

43.Page 71, paragraph 237 and line K, “I further order that Kirin must pay CIC damages ...” should read as “I further order that Kirin must pay Toyota HK damages ...”.

Dated this 6^th day of March 2017.