Read the full judgment text of CACV 000116/1997 on BabelCite. This Court of Appeal judgment was delivered on 16 January 1998.
1. The appellant ("defendant") is a company in Hong Kong and the respondent ("plaintiff") a company in the Mainland. By an agreement dated 29th April 1993, the defendant agreed to sell to the plaintiff a set of equipment for the production of rubber powder. The plaintiff had almost fully paid the purchase price. By two shipments in January and February 1994, the equipment was delivered to the plaintiff' s end user factory in China. The plaintiff alleged that itwas defective. On 15th May 1995, th