Hyundai Household Improvement Ltd v. Senza Corporation Ltd

DCCJ3763/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3763 OF 2006

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Before:    H H Judge Chow in Court (Open to the public)

Date of Hearing: 4 November 2009

Date of Decision:   4 November 2009

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J U D G M E N T

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1.This is the Plaintiff’s claim against the defendant for the sum of $598,060.32, which the Plaintiff paid to the defendant by mistake.  

2.In or about April/May 2005, the Plaintiff placed an order with the Defendant for artwork for sleeves and/or blister for the specified products and their photography.  The Defendant issued an invoice dated 10 August 2005 to the Plaintiff.  Under this invoice the Plaintiff should pay the Defendant for the goods supplied therein, a sum of HK$87,750 together with reimbursement of bank charges in the sum of US$25.80 (equivalent to HK$200.20).  So under the said invoice the total sum payable is HK$87,950.20.  (HK$87,750.00 + HK$200.20.) 

3.On 16 August 2005, the Plaintiff paid to the Defendant the sum of US$87,950.20 instead of HK$87,950.20.  This is a mistake committed by the Plaintiff.  The said sum was received by mistake by the Defendant.  When the Plaintiff discovered the mistake at a later stage, it requested the Defendant to return the overpaid amount of HK$598,061.36 (HK$686,011.56 - HK$87,950.20).  The Defendant responded by saying that they would follow up the matter.

4.On 18 April 2006 the Defendant, through its solicitors, wrote to the Defendant demanding the Defendant to return the overpaid amount, but the Defendant refused to do so.  The Defendant has no defence to the Plaintiff’s claim.  He did not turn up today to put up his defence if any

5.I therefore enter judgment in favour of the Plaintiff in the sum of HK$598,061.36 (HK$686,011.56 - HK$87,950.20) with interest at judgment rate from 26 April 2006 to satisfaction. 

6.The Defendant is absent today.  I therefore dismiss all his counterclaim.

(Discussion re costs)

7.I order that the Defendant do pay the Plaintiff costs of this action, to be taxed, if not agreed, with certificate for counsel.

Mr Richard Leung, instructed by Hon & Co., for the Plaintiff

Senza Corporation Limited, in person, absent.