Read the full judgment text of DCCJ 775/2007 on BabelCite. This District Court judgment was delivered on 22 February 2011 before Her Honour Judge H C Wong.
Civil procedure – leave to appeal – realistic prospect of success – sale of goods – defective goods – duty to take precautionary steps – apportionment of blame – costs – costs follow the event – partial success – no payment into court – Benjamin's Sale of Goods – The defendant applied for leave to appeal against a judgment finding it liable for defective colour tapes, arguing inconsistency in findings on re-dyeing and blame. The court held there was no inconsistency: the majority of tapes were accepted, and the defendant was warned of risks; the 50% apportionment of avoidable loss was a fair assessment based on limited evidence; no realistic prospect of success – leave refused. On costs, the defendant argued the plaintiff recovered only 23% of its claim and no open offer was made. The court held costs follow the event, not a mathematical proportion; absence of payment into court does not justify variation – cost orders confirmed and made absolute.
Legal issues: Leave to appeal – realistic prospect of success · Variation of cost orders
Outcome: Leave to appeal refused; cost orders confirmed and made absolute.
Cited by 1 case