Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Identity of seller

Legal area

Court

28 Jun 2002

ARMA FAR EAST LTD. v. UNI FIT GARMENT FACTORY LTD.

Citation

ARMA FAR EAST LTD. v. UNI FIT GARMENT FACTORY LTD.
Court

Court of First Instance
Case number

HCA13201/1998

The judge found the plaintiff's witnesses and contemporaneous documents credible and authoritative, rejected the defendant's witnesses and expert as unreliable, concluded the plaintiff was the contracting seller, held the defendant had accepted the delivered goods under s.37, and dismissed the counterclaim (abandoned after failure to cross-examine), thus entering final judgment for the plaintiff for US$75,663.50 with agreed interest.
26 Jun 1973

HARBOR MARINE LTD v. DAVID SHAPIRO

Citation

HARBOR MARINE LTD v. DAVID SHAPIRO
Court

District Court
Case number

DCCJ9447/1972

The court found the plaintiff was the seller and that an implied warranty of fitness under S.16(1) arose because defendant made the purpose known, the goods were of a description the plaintiff supplied and reliance on plaintiff's skill could be inferred even though defendant selected the fabric; however the defendant failed to prove what a reasonable method of washing the fabric in Hong Kong would be and failed to prove the laundry used any such reasonable method, so liability under the implied warranty was not established and judgment entered for the plaintiff.