16 Apr 2025
DIALECTIC PR LLC v. THINKING GROUP LTD
- Citation
- [2025] HKCFI 1555
- Court
- Court of First Instance
- Case number
- HCCL8/2020
On the balance of probabilities the court found (1) the Jintailang masks (Shipment 3) failed to meet the Chinese standard/US Modified NIOSH Test as shown by the NIOSH Report and expert analysis; (2) the Xianda masks sent to Germany (Shipment 5) failed the EU FFP2 paraffin oil penetration test as shown by DEKRA and thus did not meet the contractual standard; (3) the Xianda masks sent to the USA (Shipment 4) were mislabelled as compliant with the EU standard; the Plaintiff validly rejected Shipments 3,4 and 5 and is entitled to damages under s.53(2) SOGO for lost profits (net of costs) and reco…