Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trade usage

  • 21 Jul 2006

    TUNG GA LINEN & COTTON (HK) LTD v. WINNITEX INVESTMENT CO LTD

    Citation
    TUNG GA LINEN & COTTON (HK) LTD v. WINNITEX INVESTMENT CO LTD
    Court
    District Court
    Case number
    DCCJ7049/2003

    Judge found no implied term that yarn supplied must produce fabric complying with the American 4-Point System because Plaintiff lacked knowledge and assent; delivery dates were not made of the essence and in any event were waived by Defendant's conduct (late revisions); Defendant failed to prove yarn was unmerchantable or unfit for purpose under s.16 SOGO (expert evidence showed natural linen irregularities and many defects arose from weaving not yarn); Defendant was deemed to have accepted the goods under s.37(1) SOGO by weaving/processing the yarn; accordingly Plaintiff entitled to recover…

  • 7 May 2004

    FARANRAH LTD v. CHERRY GARMENTS CO LTD

    Citation
    FARANRAH LTD v. CHERRY GARMENTS CO LTD
    Court
    Court of First Instance
    Case number
    HCA9974/1997

    Defendant failed to prove the alleged trade usage that licences were only usable after computer transmission. However, on the facts (urgency, plaintiff paid a premium, defendant knew urgency) an implied term existed that the three licences sold had to be immediately usable upon presentation to US customs; defendant therefore liable for cost of licences and consequential damages.

  • 29 Sept 2003

    KIDS WORLD LTD v. XL MACHINE LTD AND OTHERS

    Citation
    KIDS WORLD LTD v. XL MACHINE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCB9235/2002

    Debtor failed to establish any bona fide dispute on substantial grounds because the debts were supported by contemporaneous written agreements and evidence, alleged oral promises were excluded by the entire agreement clause, and the debtor's counterclaims and allegations were unsupported by admissible evidence; therefore bankruptcy order was appropriate.

  • 28 Mar 1947

    WONG SHIN HANG v. THE SHUI HING CO

    Citation
    WONG SHIN HANG v. THE SHUI HING CO
    Court
    Court of First Instance
    Case number
    HCA14/1947

    Defendant failed to discharge the onus of proving the alleged trade usage was sufficiently certain, reasonable and generally known in the trade; accordingly the plaintiff was entitled to wages for two days of the month of dismissal and damages equal to one month's wages in lieu of notice; plaintiff was not estopped from claiming.