ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

Detention of the master and engineer in Mainland custody constituted exceptional circumstances justifying vacating and adjournment of the imminent trial date after a balancing exercise between expeditious disposal and fairness; adjournment granted but limited, not open-ended, and costs ordered against plaintiffs to...

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Citation
ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER
Parties
1st Plaintiff: ARKO SHIP LEASING LIMITED; 2nd Plaintiff: YINGGAO SHIPPING (H.K.) LIMITED; 1st Defendant: WINSMART INTERNATIONAL SHIPPING; 2nd Defendant: Korean carrier (unnamed in judgment)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2013
Case Number
HCAJ213/2009
Procedural Posture
Admiralty Carriage of Goods / Negligence / Agency / Trial Adjournment Application / Pre Trial Application to Vacate/refix Trial Date (case Management)
Outcome
Application to vacate/refix the trial date granted (adjournment granted) subject to conditions
Legal Topics
Adjournment, Milestone Dates, Trial Scheduling, Vicarious Liability, Bills of Lading, Carriage of Goods, Videolink Evidence, Costs
Source Language
en
Admiralty Civil Procedure Contract Tort Negligence Agency Evidence Adjournment Milestone Dates +6 more

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Parties

ARKO SHIP LEASING LIMITED

1st Plaintiff

YINGGAO SHIPPING (H.K.) LIMITED

2nd Plaintiff

WINSMART INTERNATIONAL SHIPPING

1st Defendant

Korean carrier (unnamed in judgment)

2nd Defendant

Procedural Posture

Admiralty Carriage of Goods / Negligence / Agency / Trial Adjournment Application / Pre Trial Application to Vacate/refix Trial Date (case Management)

Legal Issues

  1. 1 Whether exceptional circumstances exist to vary milestone trial dates under Order 25 rule 1B(3) and Practice Direction 5.2
  2. 2 Whether detention of key witnesses in Mainland constitutes exceptional circumstances justifying adjournment
  3. 3 Whether evidence can be adduced by videolink or by alternative witnesses

Ratio Decidendi

Detention of the master and engineer in Mainland custody constituted exceptional circumstances justifying vacating and adjournment of the imminent trial date after a balancing exercise between expeditious disposal and fairness; adjournment granted but limited, not open-ended, and costs ordered against plaintiffs to reflect delay and failure to investigate alternatives (videolink).

Court Disposition

Application to vacate/refix the trial date granted (adjournment granted) subject to conditions

Orders

  • Plaintiffs to pay costs of issuing the summons
  • Plaintiffs to pay costs thrown away by the adjournment on an indemnity basis