JEBSEN AND CO LTD v. ASIA FURNITURE

JEBSEN AND CO LTD v. ASIA FURNITURE

The adjudicator erred as a matter of law by accepting the post‑contract invoice notation as determinative of the parties' intention without findings on the concluded agreement, the parties' conduct or whether the buyer accepted the reservation; waiver of a seller's reservation is possible and the Tribunal must...

Source-derived case information.

Citation
JEBSEN AND CO LTD v. ASIA FURNITURE
Parties
Appellant/claimant: JEBSEN & CO. LTD.; Respondent/defendant: ASIA FURNITURE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 1982
Case Number
HCSA1/1982
Procedural Posture
Small Claims Appeal / Appeal to High Court From Small Claims Tribunal; Remitted to Tribunal for New Hearing
Outcome
Appeal allowed; adjudicator's decision set aside; case remitted to Small Claims Tribunal for a new hearing in accordance with opinion expressed
Legal Topics
Passing of Property, Waiver of Condition Precedent, Intention of the Parties, Invoice Retention of Title Clause, Concurrent Conditions of Delivery and Payment, Damages
Source Language
en
Sale of Goods Contract Law Small Claims Procedure Passing of Property Waiver of Condition Precedent Intention of the Parties Invoice Retention of Title Clause Concurrent Conditions of Delivery and Payment +1 more

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Parties

JEBSEN & CO. LTD.

Appellant/claimant

ASIA FURNITURE

Respondent/defendant

Procedural Posture

Small Claims Appeal / Appeal to High Court From Small Claims Tribunal; Remitted to Tribunal for New Hearing

Legal Issues

  1. 1 Whether a unilateral notation on an invoice delivered after a concluded oral contract could constitute a contractual term determining passing of property
  2. 2 Whether the adjudicator erred by determining the intention of the parties solely from the invoice notation without considering contract terms, conduct and circumstances
  3. 3 Whether the seller may waive a condition precedent (reservation of title) and thus recover the price

Ratio Decidendi

The adjudicator erred as a matter of law by accepting the post‑contract invoice notation as determinative of the parties' intention without findings on the concluded agreement, the parties' conduct or whether the buyer accepted the reservation; waiver of a seller's reservation is possible and the Tribunal must consider whether the seller waived the condition or whether damages are appropriate; matter remitted for rehearing.

Court Disposition

Appeal allowed; adjudicator's decision set aside; case remitted to Small Claims Tribunal for a new hearing in accordance with opinion expressed

Orders

  • Case remitted to the Small Claims Tribunal with directions for a new hearing
  • Costs of this appeal to be costs in the cause of the new hearing by the Tribunal