XCHRX NGAN LAI YU v. SWEDISH MOTORS LTD.

HCA 88/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 88 OF 1999

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J U D G M E N T

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Godfrey, J.A. :

1. This is an application for summary judgment by a buyer of a new motor car which has been plagued with defects since its purchase. The supplier asserts that the car was of merchantable quality when it was delivered and asserts that, by keeping the car for some 6 months and some 5,000 km, the buyer has anyway lost any right she may have had to rescind the contract and reject the car. The evidence in the buyer's favour appears strong but the only question I have to decide now is whether the case is so plain and obvious that the issues raised by the supplier are not fit to be tried. I cannot come to such a conclusion. In my judgment, the supplier is entitled to a trial of these issues and I propose to give the supplier unconditional leave to defend the action; the costs of this application will be costs in the cause.