Ha Hoi-yin v. Roger Hon t/a World-wide Trading Co
Read the full judgment text of HCSA 9/1980 on BabelCite. This High Court CFI judgment.
1. The Small Claims Tribunal gave judgment against the Appellant for the outstanding instalments under a hire-purchase agreement relating to a television set, which had proved to be unreliable. We gave leave to appeal because it appeared that the Defendant had a counterclaim, which had not been considered, for the failure of the Claimant to supply a card which would have entitled her to a year's free maintenance. When the parties appeared before us, further evidence was adduced, which suggested
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HCSA000009/1980
----------------- Coram: Huggins, V.-P., Leonard and Cons, JJ.A. Date of Judgment: 29th January 1981. ----------------- JUDGMENT ----------------- Huggins, V.-P.: 1. The Small Claims Tribunal gave judgment against the Appellant for the outstanding instalments under a hire-purchase agreement relating to a television set, which had proved to be unreliable. We gave leave to appeal because it appeared that the Defendant had a counterclaim, which had not been considered, for the failure of the Claimant to supply a card which would have entitled her to a year's free maintenance. When the parties appeared before us, further evidence was adduced, which suggested that the apparatus sold to the Defendant was not what had been contracted for, and, after an adjournment, the Claimant admitted that the set delivered had not been new, although the Defendant had contracted for the purchase of a new set. In the event the parties came to a settlement, under which the Claimant would take back the set and pay to the Defendant $1,300 of the instalments which she had paid under the contract. Accordingly we allowed the appeal and set aside the judgment upon the claim and entered judgment for the Defendant for $1,300 upon the counterclaim, the Defendant undertaking to hand back the set to the Claimant. 29th January 1981. Representation: |