Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conformity with description

Legal area

Court

23 Dec 2005

OWT ASIA LTD v. CPCNET HONG KONG LTD AND ANOTHER

Citation

OWT ASIA LTD v. CPCNET HONG KONG LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA6436/2000

The PXS 1000 as contracted included postpaid software and a usable GUI; the Defendant breached implied terms of conformity with description and fitness for purpose by failing to ensure delivery of postpaid software, an adequate GUI and completion of UATs and by allowing the system to remain non‑functional; Plaintiff validly terminated on 17 October 1999 and is entitled to recover the deposit and specified wasted expenditures; Defendant's counterclaim and its claim for indemnity against the Third Party fail because Defendant's non‑payment to the Third Party amounted to conduct excusing the Thi…
14 Nov 2001

LIU KING YU v. HO WAI LAN JANKIE

Citation

LIU KING YU v. HO WAI LAN JANKIE
Court

Court of Appeal
Case number

CACV737/2001

The judge rightly treated the manufacturer's nominal 150 micron specification together with its ±12 micron tolerance as the relevant description; Dr Lim's adjusted measurement (approximately 185 microns) exceeded that tolerance and, because the defendant's criticisms were speculative and unsupported by direct measurement or observation, the judge was justified in accepting Dr Lim's evidence and holding the microkeratome did not correspond with the description, was not of merchantable quality and was unfit for purpose.