LEE YEE WAH v. MP HONG KONG LTD

LEE YEE WAH v. MP HONG KONG LTD

The adjudicator's factual finding that the sheets did not perform as described (no net FIR gain and inability to heat the user) was supported by expert experiments and theory, involved no question of law, and was within the tribunal's factual discretion; therefore the appeals fail.

Citation
LEE YEE WAH v. MP HONG KONG LTD
Parties
Appellant (defendant): MP Hong Kong Limited; Respondent (claimant): Wong Hiu Ling; Respondent (claimant): Wong Kim Hang; Respondent (claimant): Chan Siu King; Respondent (claimant): Lee Yee Wah; Respondent (claimant): Szeto Oi Ying; Respondent (claimant): Lee Chor Wan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2004
Case Number
HCSA7/2003
Procedural Posture
Appeal From Small Claims Tribunal / Judgment on Appeal (court of First Instance)
Outcome
All appeals dismissed
Legal Topics
Merchantable Quality, Sale by Description, Expert Evidence, Appeal Standard of Review, Relevance of Scientific Publications
Source Language
EN
Consumer Law Sale of Goods Product Liability Evidence Merchantable Quality Sale by Description Expert Evidence Appeal Standard of Review +1 more

Case Brief

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Parties

MP Hong Kong Limited

Appellant (defendant)

Wong Hiu Ling

Respondent (claimant)

Wong Kim Hang

Respondent (claimant)

Chan Siu King

Respondent (claimant)

Lee Yee Wah

Respondent (claimant)

Szeto Oi Ying

Respondent (claimant)

Lee Chor Wan

Respondent (claimant)

Procedural Posture

Appeal From Small Claims Tribunal / Judgment on Appeal (court of First Instance)

Legal Issues

  1. 1 Whether the bed sheets corresponded with their description as a health product
  2. 2 Whether the bed sheets were fit for purpose and of merchantable quality
  3. 3 Whether the Tribunal erred in law in reliance on expert evidence

Ratio Decidendi

The adjudicator's factual finding that the sheets did not perform as described (no net FIR gain and inability to heat the user) was supported by expert experiments and theory, involved no question of law, and was within the tribunal's factual discretion; therefore the appeals fail.

Court Disposition

All appeals dismissed

Orders

  • All appeals dismissed
  • Order nisi for costs in favour of each respondent