AMIANTIT YACOAT CO AND ANOTHER v. KINGS OCEAN SHIPPING CO LTD AND OTHERS

AMIANTIT YACOAT CO AND ANOTHER v. KINGS OCEAN SHIPPING CO LTD AND OTHERS

The Master accepted the plaintiffs' uncontested surveyor reports and evidence, awarded damages of US$304,944.17, held that limitation under the Hague-Visby Rules and the bill of lading did not reduce the claim because the claim did not exceed those limits, awarded interest at 8% per annum from the date of writ until judgment and thereafter at the judgment rate, and ordered the 2nd defendant to pay assessed costs of HK$110,000.

Citation
AMIANTIT YACOAT CO AND ANOTHER v. KINGS OCEAN SHIPPING CO LTD AND OTHERS
Parties
1st Plaintiff: Amiantit Yacoat Company; 2nd Plaintiff: Saudi Arabian Cooperative Insurance Company; 1st Defendant: Kings Ocean Shipping Company Limited; 2nd Defendant: Hua Dao Shipping (Far East) Limited; 3rd Defendant: Tianjin Reda International Shipping Agency Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 2015
Case Number
HCAJ21/2013
Procedural Posture
Admiralty Action Carriage of Goods by Sea / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment award made in favour of the plaintiffs against the 2nd defendant
Legal Topics
Assessment of Damages, Limitation of Liability Under Hague Visby Rules, Bill of Lading Terms, Salvage and Deductible, Interest and Costs Assessment
Source Language
EN
Admiralty Law Maritime Law Insurance Law Carriage of Goods by Sea Assessment of Damages Limitation of Liability Under Hague Visby Rules Bill of Lading Terms Salvage and Deductible +1 more

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Parties

Amiantit Yacoat Company

1st Plaintiff

Saudi Arabian Cooperative Insurance Company

2nd Plaintiff

Kings Ocean Shipping Company Limited

1st Defendant

Hua Dao Shipping (Far East) Limited

2nd Defendant

Tianjin Reda International Shipping Agency Company Limited

3rd Defendant

Procedural Posture

Admiralty Action Carriage of Goods by Sea / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Quantum of damages for damaged cargo
  2. 2 Applicability of Hague-Visby Rules and bill of lading limitation to reduce claim
  3. 3 Treatment of uncontested expert/surveyor reports

Ratio Decidendi

The Master accepted the plaintiffs' uncontested surveyor reports and evidence, awarded damages of US$304,944.17, held that limitation under the Hague-Visby Rules and the bill of lading did not reduce the claim because the claim did not exceed those limits, awarded interest at 8% per annum from the date of writ until judgment and thereafter at the judgment rate, and ordered the 2nd defendant to pay assessed costs of HK$110,000.

Court Disposition

Assessment award made in favour of the plaintiffs against the 2nd defendant

Orders

  • 2nd defendant to pay the plaintiffs US$304,944.17 as damages
  • Interest on US$304,944.17 at 8% per annum from date of writ until judgment and thereafter at judgment rate until payment