WONG HIU LING v. MP HONG KONG LTD

WONG HIU LING v. MP HONG KONG LTD

On the evidence, including expert experiments and report, the Tribunal permissibly found the bed sheets did not correspond with their description as a health product and were not of merchantable quality or fit for the asserted purpose; there was no error of law and the factual findings stand, so appeals are dismissed.

Citation
WONG HIU LING 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
HCSA4/2003
Procedural Posture
Small Claims Tribunal Appeals to High Court (court of First Instance) / Judgment (appeal Heard and Judgment Delivered)
Outcome
All appeals dismissed; adjudicator's factual findings affirmed; no error of law
Legal Topics
Merchantable Quality, Description of Goods, Fitness for Purpose, Expert Evidence, Appeal Standard (error of Law)
Source Language
EN
Sale of Goods Consumer Protection Contract Law Evidence Merchantable Quality Description of Goods Fitness for Purpose Expert Evidence +1 more

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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 Appeals to High Court (court of First Instance) / Judgment (appeal Heard and Judgment Delivered)

Legal Issues

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

Ratio Decidendi

On the evidence, including expert experiments and report, the Tribunal permissibly found the bed sheets did not correspond with their description as a health product and were not of merchantable quality or fit for the asserted purpose; there was no error of law and the factual findings stand, so appeals are dismissed.

Court Disposition

All appeals dismissed; adjudicator's factual findings affirmed; no error of law

Orders

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