Read the full judgment text of HCA 001178/1998 on BabelCite. This High Court CFI judgment was delivered on 14 April 2000.
1. This action arises out of a sale of goods contract made between the plaintiff as buyer and the defendant as seller. The plaintiff claims against the defendant for damages for breach of contract occasioned by late delivery of goods and non-conformity with samples. The defendant denies liability, relying on waiver and estoppel by conduct. The defendant further counterclaims against the plaintiff for damages for wrongful refusal to accept goods and claims a set off on the counterclaim.