27 Sept 2019
FEBEST EUROPE DISTRIBUTION OU v. ZHONG XING DA TECHNOLOGY CO, LTD
- Citation
- [2019] HKCFI 2373
- Court
- Court of First Instance
- Case number
- HCA1759/2018
The court found the goods were used and/or defective and not of merchantable quality and that the plaintiff validly rejected the goods under SOGO s38; after rejection there was a failure of basis entitling the plaintiff to recover the purchase price as wasted expenditure, therefore the defendant must pay US$299,458 plus interest from the date of rejection (2 May 2018) and must pay HK$200,000 for storage; costs awarded to plaintiff.