17 Apr 2026
FUNG WING YING v. CHENG MAN TAK trading as HOP FAT HONG
- Citation
- [2026] HKDC 625
- Court
- District Court
- Case number
- DCCJ3091/2022
Defendant is liable in contract for misfueling carried out by its employee; the contemporaneous Two Notes and oral evidence establish the defendant's admission and breach of the Contract for Refuel Service and implied statutory conditions; negligence claim dismissed for inadequate pleading; reasonable repair remedy is limited to cleaning plus replacement of primary fuel pump, fuel filter and O‑rings; plaintiff failed to mitigate by delaying acceptance of the agreed revised repair proposal after 29 October 2021; damages awarded HK$59,808.86; tender defence fails because award exceeds amount pa…