4 Jul 2007
The defendant was granted unconditional leave to defend because there existed a serious material factual dispute—namely whether there was a shared assumption that the defendant would be immediately reinstated as Responsible Officer—that could only properly be resolved at trial; therefore summary judgment under Order 14 was inappropriate.
21 Dec 2006
The seller breached the implied contractual condition of fitness for purpose by supplying nipples bearing unidentified markings which the HKHA would not accept once the issue arose; however the Defendant failed to prove the extent of unfit nipples or the claimed quantum of loss except for a small identifiable set at Ko Chiu Road Phase 3, and thus only nominal damages for proven replacement work were awarded.
7 Mar 2003
The court found the plaintiff knew the intended European use and the defendant relied on the plaintiff's skill so an implied condition of fitness applied; accepted SGS testing that tubes were defective; assessed defendant's loss on a pro-rata basis of tooling costs but held plaintiff nonetheless entitled to payment for goods used in paid shipment; resulted in judgments for both parties on respective claims and counterclaim with specific monetary awards.
19 Feb 1982
The court held there was an implied condition of merchantable quality under s.16(2) and s.2(5) Cap.26, found the weaving defects substantial and rendering the cloth unmerchantable for the buyer's foreseeable purpose of dyeing and resale as garments/soft furnishings, awarded the buyer combined reliance and expectation losses (wasted processing and lost profit) totalling HK$41,953.70 on the counterclaim, and after set-off against the plaintiff's claim ordered a net judgment for the defendant of HK$24,253.70.