14 Jun 2007
SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. FIRST SUCCESS (HK) LTD AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. FIRST SUCCESS (HK) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1196/2006
The Court found a contract of sale existed for specific goods in a deliverable state and that the goods were delivered to the Defendant's carrier; there was insufficient evidence to imply a term withholding transfer of property until payment, so under s20(1) of the Sale of Goods Ordinance property passed on delivery and the Defendant is the owner. Alternatively, the Court found Mr. Chui had authority to collect payment for the Plaintiff, so payment to him (if made) would be effective and the Defendant would be owner.