THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BRIJ" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "BRIJ"

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BRIJ" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "BRIJ"

The amendments were allowed because the proposed implied term was sufficiently arguable, not demonstrably inconsistent with express contractual clauses, and any prejudice from the lateness of the amendments could be compensated by costs; therefore justice required permitting the amendments on terms as to costs.

Citation
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BRIJ" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "BRIJ"
Parties
Plaintiffs: THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BRIJ"; Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "BRIJ"; Plaintiffs: THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "MURTER"; Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MURTER"; Plaintiffs: THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "AL SALIMIAH"; Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "AL SALIMIAH"
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 1997
Case Number
HCAJ147/1993
Procedural Posture
Admiralty Action in Rem / Summons for Directions — Application to Amend Pleadings
Outcome
Application to further amend Statement of Claim and Reply allowed on terms
Legal Topics
Amendment of Pleadings, Implied Term in Contract, Bills of Lading, Carrier Liability, Foreign/customs Law, Costs
Source Language
EN
Admiralty Shipping Law Contract Civil Procedure Conflict of Laws Amendment of Pleadings Implied Term in Contract Bills of Lading +3 more

Case Brief

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Parties

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BRIJ"

Plaintiffs

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "BRIJ"

Defendants

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "MURTER"

Plaintiffs

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MURTER"

Defendants

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "AL SALIMIAH"

Plaintiffs

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "AL SALIMIAH"

Defendants

Procedural Posture

Admiralty Action in Rem / Summons for Directions — Application to Amend Pleadings

Legal Issues

  1. 1 Whether an implied term that a carrier obliged to relinquish goods to Venezuelan Customs must instruct Customs not to release goods without original bills of lading can be pleaded
  2. 2 Whether that implied term is inconsistent with express clauses (clauses 7 and 10) of the bills of lading
  3. 3 Whether the proposed amendments are arguable or should be struck out as unarguable

Ratio Decidendi

The amendments were allowed because the proposed implied term was sufficiently arguable, not demonstrably inconsistent with express contractual clauses, and any prejudice from the lateness of the amendments could be compensated by costs; therefore justice required permitting the amendments on terms as to costs.

Court Disposition

Application to further amend Statement of Claim and Reply allowed on terms

Orders

  • Application to amend the Statement of Claim and the Reply is allowed
  • Plaintiffs must pay the defendants the costs of the applications and the costs of the amendments arising from the applications