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.