WONG KIM HANG v. MP HONG KONG LTD

WONG KIM HANG v. MP HONG KONG LTD

The tribunal's factual finding that the bed sheets did not correspond with the description as a health-promoting product and were not of merchantable quality was supported by expert experimental evidence showing no net FIR transfer from the sheet to a human body and therefore no demonstrated mechanism of health benefit; the Court found no error of law in those fact findings and dismissed the appeals.

Citation
WONG KIM HANG v. MP HONG KONG LTD
Parties
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; Appellant (defendant): MP HONG KONG LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2004
Case Number
HCSA5/2003
Procedural Posture
Small Claims Tribunal Appeal to High Court (court of First Instance) Consolidated Appeals / Judgment on Appeal
Outcome
All appeals dismissed
Legal Topics
Merchantable Quality, Sale by Description, Fitness for Purpose, Expert Evidence Admissibility, Scientific Claim Review, Appeal Standard of Review
Source Language
EN
Contract Sale of Goods Consumer Protection Evidence Product Liability Merchantable Quality Sale by Description Fitness for Purpose +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

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)

MP HONG KONG LIMITED

Appellant (defendant)

Procedural Posture

Small Claims Tribunal Appeal to High Court (court of First Instance) Consolidated Appeals / Judgment on Appeal

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 relying on expert evidence that the product could not transfer beneficial far infrared (FIR) to users

Ratio Decidendi

The tribunal's factual finding that the bed sheets did not correspond with the description as a health-promoting product and were not of merchantable quality was supported by expert experimental evidence showing no net FIR transfer from the sheet to a human body and therefore no demonstrated mechanism of health benefit; the Court found no error of law in those fact findings and dismissed the appeals.

Court Disposition

All appeals dismissed

Orders

  • Appeals dismissed
  • Order nisi for costs in favour of each respondent