CHU TAK YI 對 HEALTHY LIVING MEDICAL SUPPLIES LTD

CHU TAK YI 對 HEALTHY LIVING MEDICAL SUPPLIES LTD

The Tribunal's factual finding that the applicant refused delivery and that her later request for re-delivery was not made within a reasonable time under s31(4) of the Sale of Goods Ordinance involved no legal error; therefore leave to appeal was refused because the application raised factual complaints not...

Source-derived case information.

Citation
[2024] HKCFI 2085
Parties
Applicant: Chu Tak Yi; Respondent: Healthy Living Medical Supplies Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 2024
Case Number
HCSA8/2024
Procedural Posture
Small Claims Tribunal Appeal (civil) / Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Cancellation of Delivery, Repudiatory Breach, Mitigation of Loss, Assessment of Damages, Scope of Appellate Review
Source Language
ch
Contract Sale of Goods Civil Procedure Small Claims Cancellation of Delivery Repudiatory Breach Mitigation of Loss Assessment of Damages +1 more

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Parties

Chu Tak Yi

Applicant

Healthy Living Medical Supplies Limited

Respondent

Procedural Posture

Small Claims Tribunal Appeal (civil) / Application for Leave to Appeal (refused)

  1. 1 Whether the applicant's communications constituted a refusal to accept delivery and therefore a breach of contract
  2. 2 Whether the applicant's later request for re-delivery was made within a reasonable time under Sale of Goods law
  3. 3 Whether the Tribunal's factual findings involved any error of law warranting appellate intervention

Ratio Decidendi

The Tribunal's factual finding that the applicant refused delivery and that her later request for re-delivery was not made within a reasonable time under s31(4) of the Sale of Goods Ordinance involved no legal error; therefore leave to appeal was refused because the application raised factual complaints not questions of law or jurisdiction.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • No order as to costs