LEE CHOR WAN v. MP HONG KONG LTD

LEE CHOR WAN v. MP HONG KONG LTD

The Tribunal's factual finding that the bed sheets did not correspond with their description as health-promoting and were not of merchantable quality was supported by expert evidence demonstrating no transfer of FIR from the sheet to the human body; no error of law was shown and the appeals were therefore dismissed.

Citation
LEE CHOR WAN 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
HCSA9/2003
Procedural Posture
Small Claims Tribunal Appeal / Judgment on Appeal (court of First Instance)
Outcome
All appeals dismissed.
Legal Topics
Merchantable Quality, Correspondence With Description, Far Infrared Product Claims, Weight of Expert Evidence, Standard of Appellate Review
Source Language
EN
Sale of Goods Consumer Protection Contract Law Product Liability Evidence Merchantable Quality Correspondence With Description Far Infrared Product Claims +2 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

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

Legal Issues

  1. 1 Whether the bed sheets corresponded with their description as health-promoting products
  2. 2 Whether the bed sheets were of merchantable quality and fit for the purpose advertised
  3. 3 Whether the Tribunal erred in law in accepting the respondents' expert evidence and rejecting the appellant's materials (patent and publication)

Ratio Decidendi

The Tribunal's factual finding that the bed sheets did not correspond with their description as health-promoting and were not of merchantable quality was supported by expert evidence demonstrating no transfer of FIR from the sheet to the human body; no error of law was shown and the appeals were therefore dismissed.

Court Disposition

All appeals dismissed.

Orders

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