AERY EXPRESS CORP LTD v. CHARTERERS & CONSOLIDATORS (HK) LTD

AERY EXPRESS CORP LTD v. CHARTERERS & CONSOLIDATORS (HK) LTD

The judge accepted the plaintiff's account over the defendant's on credibility and surrounding circumstances, found that the freight was agreed to be charged on volume, and awarded the plaintiff judgment for the claimed sum with costs on the lower scale.

Citation
AERY EXPRESS CORP LTD v. CHARTERERS & CONSOLIDATORS (HK) LTD
Parties
Plaintiff: Aery Express Corp., Ltd.; Defendant: Charterers & Consolidators (HK) Ltd.
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ6069/1975
Procedural Posture
Civil Debt Airfreight Contract / Judgment (district Court)
Outcome
Judgment for Plaintiff in the sum of HK$1,062.06; costs on the lower scale.
Legal Topics
Freight Charges, Offer and Acceptance, Witness Credibility and Evaluation, Contract Formation, Aide Memoire Vs Written Contract
Source Language
EN
Contract Law Commercial Law Transportation/aviation Law Freight Charges Offer and Acceptance Witness Credibility and Evaluation Contract Formation Aide Memoire Vs Written Contract

Case Brief

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Parties

Aery Express Corp., Ltd.

Plaintiff

Charterers & Consolidators (HK) Ltd.

Defendant

Procedural Posture

Civil Debt Airfreight Contract / Judgment (district Court)

Legal Issues

  1. 1 Whether the parties agreed that freight would be charged on the basis of volume rather than weight
  2. 2 Whether the plaintiff proved its version of events on the balance of probabilities
  3. 3 Whether the defendant's memorandum or invoice altered contractual terms

Ratio Decidendi

The judge accepted the plaintiff's account over the defendant's on credibility and surrounding circumstances, found that the freight was agreed to be charged on volume, and awarded the plaintiff judgment for the claimed sum with costs on the lower scale.

Court Disposition

Judgment for Plaintiff in the sum of HK$1,062.06; costs on the lower scale.

Orders

  • Judgment for Plaintiff in the amount of HK$1,062.06.
  • Costs awarded to Plaintiff on the lower scale.