CHINA NATIONAL ARTS AND CRAFTS IMPORT & EXPORT CORPORATION ZHEJIANG BRANCH AND ANOTHER v. SEALAND SERVICE INC. AND OTHERS

CHINA NATIONAL ARTS AND CRAFTS IMPORT & EXPORT CORPORATION ZHEJIANG BRANCH AND ANOTHER v. SEALAND SERVICE INC. AND OTHERS

The plaintiffs established a prima facie case under the clean through bill of lading and proved quantum by documentary evidence; the defendant failed to produce evidential material to raise a triable issue that the damage occurred prior to shipment; consequently, under Order 14, rule 3 there was no issue requiring trial and summary judgment was granted for the claimed sum; interest and costs were awarded to plaintiffs with leave to apply for a Sanderson order limited to a future application.

Citation
CHINA NATIONAL ARTS AND CRAFTS IMPORT & EXPORT CORPORATION ZHEJIANG BRANCH AND ANOTHER v. SEALAND SERVICE INC. AND OTHERS
Parties
1st Plaintiff: China National Arts and Crafts Import & Export Corporation Zhejiang Branch; 2nd Plaintiff: Jacob Ash Co. Inc.; 1st Defendant: Sealand Service Inc.; 2nd Defendant: Hoi Kong Container Services Co. Ltd; 3rd Defendant: Freight-Trans International Co. Ltd; 1st Third Party: Freight-Trans International Co. Ltd; 2nd Third Party: Hoi Kong Container Services Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 April 2000
Case Number
HCCL90/1990
Procedural Posture
Commercial Action (contract of Carriage Bill of Lading) / Application for Summary Judgment Heard; Judgment Entered Following Order 14, Rule 3 Analysis
Outcome
Summary judgment for plaintiffs against 1st defendant (Sealand Service Inc.) for US$51,624.85; interest and costs awarded to plaintiffs; liberty to apply for third-party costs (Sanderson order).
Legal Topics
Bill of Lading, Clean Bill, Summary Judgment, Liability, Quantum, Interest, Costs, Third Party Proceedings, Evidential Burden
Source Language
EN
Contract Carriage of Goods Commercial Litigation Civil Procedure Evidence Costs and Interest Bill of Lading Clean Bill +7 more

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Parties

China National Arts and Crafts Import & Export Corporation Zhejiang Branch

1st Plaintiff

Jacob Ash Co. Inc.

2nd Plaintiff

Sealand Service Inc.

1st Defendant

Hoi Kong Container Services Co. Ltd

2nd Defendant

Freight-Trans International Co. Ltd

3rd Defendant

Freight-Trans International Co. Ltd

1st Third Party

Hoi Kong Container Services Co. Ltd

2nd Third Party

Procedural Posture

Commercial Action (contract of Carriage Bill of Lading) / Application for Summary Judgment Heard; Judgment Entered Following Order 14, Rule 3 Analysis

Legal Issues

  1. 1 Whether summary judgment should be entered on the basis of a clean on board through bill of lading
  2. 2 Whether the defendant has discharged the burden to show a triable issue as to pre-shipment damage
  3. 3 Whether quantum requires assessment or is proved sufficiently for a specific sum judgment

Ratio Decidendi

The plaintiffs established a prima facie case under the clean through bill of lading and proved quantum by documentary evidence; the defendant failed to produce evidential material to raise a triable issue that the damage occurred prior to shipment; consequently, under Order 14, rule 3 there was no issue requiring trial and summary judgment was granted for the claimed sum; interest and costs were awarded to plaintiffs with leave to apply for a Sanderson order limited to a future application.

Court Disposition

Summary judgment for plaintiffs against 1st defendant (Sealand Service Inc.) for US$51,624.85; interest and costs awarded to plaintiffs; liberty to apply for third-party costs (Sanderson order).

Orders

  • Judgment for plaintiffs against 1st defendant in the sum of US$51,624.85
  • Interest on the judgment sum at 8% per annum from 10 August 1990 to 6 April 2000, and thereafter interest at the prevailing judgment rate until payment