IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 919 OF 2010
-------------------------
BETWEEN
FINE MASTER LIMITED Plaintiff (萬廣有限公司)
and
NIPPON CIRCUITS LIMITED Defendant (東陽電路板有限公司)
-------------------------
Before : Deputy High Court Judge Woo in Court
Dates of Hearing : 5, 6 and 7 March 2013
Date of Handing Down of Judgment: 12 March 2013
-----------------------
J U D G M E N T
-----------------------
Introduction
The plaintiff’s claim is for unpaid proceeds of goods sold and services provided in the amount of $1,760,085.41. Such goods and services were provided to Nippon (Boluo) Electronics Co Ltd (“Nippon Boluo”). By a “confirmation letter” dated 9 March 2009 (“the confirmation letter”) signed and issued by the defendant, the defendant confirmed to the plaintiff that it would be responsible for the settlement of all the purchase orders placed by Nippon Boluo with the plaintiff.
At all material times, Nippon Boluo was wholly owned by Nippon Products Ltd (“Nippon Products”). Both Nippon Products and the defendant were wholly owned subsidiaries of NCP Holdings.
Issues
The plaintiff’s claim against the defendant is based on the confirmation letter. Owing to the importance of this letter, it is set out below for close examination:
“To : Fine Master Ltd. (ie the plaintiff)
From : Nippon Circuits Ltd. (ie the defendant)
Date : 9 March 2009
Re : Invoice settlement arrangement
We, Nippon Circuits Ltd., hereby writing to confirm that we are responsible for the settlement of all the purchase orders placed by Nippon (Boluo) Electronics Co., Ltd. Please direct all the invoice to our office, address: Room 803-4, 8/F., Wah Wai Centre, 38-40 Au Pui Wan Street, Fotan, Shatin, N.T. for our handling.
Regard,
For and on behalf