Read the full judgment text of CACV 000108/1991 on BabelCite. This Court of Appeal judgment was delivered on 5 December 1991 before Sir Derek Cons, V.P., Fuad, V.P., Clough, J.A..
Civil procedure – Order 14 – summary judgment – whether appropriate where plaintiff cannot establish every item was defective due to manufacturing fault – Sale of Goods Ordinance Cap. 26 s.16 – contracts for supply of domestic appliances between 1988 and 1989 – plaintiff alleged 10,656 toasters, 78 knives, 72 mixers and 186 can openers were not fit for purpose or of merchantable quality – defendant contended that pre-March 1989 sales were with a UK subsidiary, not the defendant – master entered interlocutory judgment for damages to be assessed – judge below dismissed plaintiff's appeal – held that Order 14 proceedings were misconceived where plaintiff could not establish each appliance was defective due to manufacturing fault – Associated Bulk Carriers Ltd v. Koch Shipping Inc applied – appeal allowed – order below set aside – costs nisi for defendant.
Legal issues: Whether Order 14 summary judgment was appropriate where plaintiff could not establish that each and every appliance was defective due to a manufacturing fault
Outcome: Appeal allowed; order of the judge below set aside.