Read the full judgment text of HCA 005153/1991 on BabelCite. This High Court CFI judgment was delivered on 23 June 1992 before The Hon. Mr. Justice Kaplan.
Civil procedure – appeal from Master – summary judgment – Order 14 – burden on defendant to show triable issue – contract – sale of goods – defective goods – compromise agreement – oral term – implied term – parol evidence rule – SGS report – commercial reality – judgment for plaintiff for US$239,191.72 and DM21,537 – appeal dismissed – paragraph B (damages assessment) set aside.
Legal issues: Whether there is an oral term conflicting with the written agreement · Whether there is an implied term limiting the timeframe for returns · Whether the defendant met the burden to show a triable issue under Order 14
Outcome: Appeal dismissed; summary judgment upheld.