STANDARD TRADING CO. v. WINDSURF BOUTIQUE LTD.

STANDARD TRADING CO. v. WINDSURF BOUTIQUE LTD.

The adjudicator specifically dealt with the relevant issues and was entitled on the evidence to rule on rescission; the appellant failed to object or request tribunal review regarding the condition of the goods when given the opportunity and now speculates about possible defects, so the appellate court will not...

Source-derived case information.

Citation
STANDARD TRADING CO. v. WINDSURF BOUTIQUE LTD.
Parties
Appellant/claimant: Standard Trading Company; Respondent/defendant: Windsurf Boutique Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 October 1996
Case Number
HCSA10/1996
Procedural Posture
Small Claims Tribunal Appeal / Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
Rescission, Return of Goods, Scope of Appellate Review, Procedural Default
Source Language
en
Contract Civil Procedure Appeals Rescission Return of Goods Scope of Appellate Review Procedural Default

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Summary, issues, holding and outcome

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Parties

Standard Trading Company

Appellant/claimant

Windsurf Boutique Limited

Respondent/defendant

Procedural Posture

Small Claims Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the adjudicator overlooked material issues
  2. 2 Whether the rights of rescission had been lost
  3. 3 Whether the tribunal should investigate the condition of returned goods

Ratio Decidendi

The adjudicator specifically dealt with the relevant issues and was entitled on the evidence to rule on rescission; the appellant failed to object or request tribunal review regarding the condition of the goods when given the opportunity and now speculates about possible defects, so the appellate court will not entertain the belated ground and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.