28 Jun 2013
FACE MAGAZINE MARKERTING LTD v. INNOVATIVE GIFT & PREMIUM (HK) LTD
- Citation
- FACE MAGAZINE MARKERTING LTD v. INNOVATIVE GIFT & PREMIUM (HK) LTD<br>
- Court
- District Court
- Case number
- DCCJ1754/2012
The court accepted the plaintiff's expert evidence that the lunch boxes stained food under normal microwaving; found the plaintiff had made known the particular purpose of microwave use so s.16(3) implied fitness-for-purpose applied; the goods were not fit and defendant breached that implied condition; defendant's test reports were inadmissible hearsay; no oral limitation of liability was proved; plaintiff entitled to consequential damages, set off against the contract balance, and judgment for net sum awarded.