21 Aug 2007
TUNG KEE GARDEN HORTICULTURE LTD v. WONG WANG TAT t/a TSUI PARK GARDEN
- Citation
- TUNG KEE GARDEN HORTICULTURE LTD v. WONG WANG TAT t/a TSUI PARK GARDEN
- Court
- District Court
- Case number
- DCCJ2699/2005
On the evidence the Plaintiff supplied specifications and shop drawings, inspected and accepted samples, arranged transport and took delivery; the Plaintiff did not rely on the Defendant's skill or judgment to require metal reinforcement; the alleged warranties were signed under pressure and without valid consideration and painting was not contracted for. Therefore the Defendant did not breach implied fitness/merchantable quality terms and the Plaintiff's claim fails; the Defendant's counterclaim for unpaid sums succeeds.