Hong Kong Case Law: Decisions & Judgments

Topic

Conformity to sample

Legal area

Court

8 Jul 2011

WING TAT HABERDASHERY CO LTD v. ELEGANCE DEVELOPMENT & INDUSTRIAL CO. LTD

Citation

WING TAT HABERDASHERY CO LTD v. ELEGANCE DEVELOPMENT & INDUSTRIAL CO. LTD
Court

Court of First Instance
Case number

HCMP357/2011

Leave to appeal was granted because the defendant demonstrated an arguable case with reasonable prospects that the trial judge erred in reducing the counterclaim by 50% by applying a duty to take precautionary steps to losses that were principally replacement costs; the proper statutory test for leave is the s63A Cap.336 reasonable prospect threshold.
3 Oct 2007

TECHNOLOGY INNOVATION MANUFACTURING LTD v. GOOD POWER INTERNATIONAL LTD

Citation

TECHNOLOGY INNOVATION MANUFACTURING LTD v. GOOD POWER INTERNATIONAL LTD
Court

District Court
Case number

DCCJ4301/2003

Court found on the balance of probabilities that the New ICs bore different internal hardware/software from the Old ICs (accepting the 2nd expert report), that the New ICs more likely than not caused the functional problems, and therefore Defendant breached the express contractual term and implied terms under SOGO; fraudulent misrepresentation was not proved; Plaintiff failed to prove quantum for its heads of loss so awarded nominal damages of HK$1,000; Defendant entitled to outstanding price HK$198,011 with interest; costs ordered nisi that Defendant pay half of costs to Plaintiff (to be tax…
1 Apr 2004

GOTHIK ART LTD v. LI MAN YUNG t/a MANFORD INDUSTRIAL CO

Citation

GOTHIK ART LTD v. LI MAN YUNG t/a MANFORD INDUSTRIAL CO
Court

Court of First Instance
Case number

HCA4885/2001

The court found the sample underlying the Gothik–Li contract to be the EPROM/sample that produced one laugh cycle (and that the ICs supplied by SAS matched the programme checksum). Gothik wrongfully rejected conforming pre-production samples and repudiated the contract; Li did not validly rely on that repudiation to avoid liability for non-delivery. Accordingly Gothik is entitled to damages for the cost of replacing modules and SAS is entitled to its contract price; defendant counterclaims fail.
29 Nov 1969

INDUSTRIAL GIFTS LTD v. WILLIAM CHOI AND OTHERS

Citation

INDUSTRIAL GIFTS LTD v. WILLIAM CHOI AND OTHERS
Court

Court of First Instance
Case number

HCA1193/1968

The court accepted the plaintiffs' independent inspection evidence and found the bulk of the goods did not correspond with the sample; defendants failed to assist mitigation and could not rely on asserted mitigation failures by plaintiffs; consequential losses including the devaluation adjustment and purchase tax were recoverable as flowing directly from the breach, therefore judgment for the plaintiffs for the claimed sum with costs was warranted.

Hong Kong Case Law

WING TAT HABERDASHERY CO LTD v. ELEGANCE DEVELOPMENT & INDUSTRIAL CO. LTD

TECHNOLOGY INNOVATION MANUFACTURING LTD v. GOOD POWER INTERNATIONAL LTD

GOTHIK ART LTD v. LI MAN YUNG t/a MANFORD INDUSTRIAL CO

INDUSTRIAL GIFTS LTD v. WILLIAM CHOI AND OTHERS