SZETO OI YING v. MP HONG KONG LTD

SZETO OI YING v. MP HONG KONG LTD

The Court held that the Tribunal's factual finding — supported by the expert report and experiments showing heat (FIR) transfers from the human body to the bed sheet and not vice versa — legitimately supported the conclusion that the sheets did not correspond with their description as a health product nor were they...

Source-derived case information.

Citation
SZETO OI YING 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
HCSA8/2003
Procedural Posture
Appeal From Small Claims Tribunal to Court of First Instance / Judgment on Appeal (heard Together)
Outcome
All appeals dismissed.
Legal Topics
Merchantable Quality, Sale by Description, Expert Evidence and Weight, Appeal Standard of Review, Admissibility of Published Scientific Material, Burden of Proof
Source Language
en
Consumer Law Sale of Goods Contract Law Evidence Law Merchantable Quality Sale by Description Expert Evidence and Weight Appeal Standard of Review +2 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

Appeal From Small Claims Tribunal to Court of First Instance / Judgment on Appeal (heard Together)

Legal Issues

  1. 1 Whether the bed sheets corresponded with their description as health products
  2. 2 Whether the bed sheets were of merchantable quality
  3. 3 Whether the Small Claims Tribunal erred in law in its findings of fact and inferences from expert evidence

Ratio Decidendi

The Court held that the Tribunal's factual finding — supported by the expert report and experiments showing heat (FIR) transfers from the human body to the bed sheet and not vice versa — legitimately supported the conclusion that the sheets did not correspond with their description as a health product nor were they of merchantable quality; no error of law was shown, so the appeals were dismissed.

Court Disposition

All appeals dismissed.

Orders

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