ARKO SHIP LEASING LTD (formerly known as ARKO SATELLITE LTD) AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

ARKO SHIP LEASING LTD (formerly known as ARKO SATELLITE LTD) AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

The Court dismissed the application for extension of time because the applicants' delay was inexcusable and they failed to show that the proposed appeal had a reasonable prospect of success, notably by failing to rely on the regulation at trial and by not appealing the judge's adverse finding on misrepresentation; accordingly no extension was granted and costs were ordered against the applicants.

Citation
ARKO SHIP LEASING LTD (formerly known as ARKO SATELLITE LTD) AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER
Parties
1st Applicant (1st Plaintiff): ARKO SHIP LEASING LIMITED; 2nd Applicant (2nd Plaintiff): YINGGAO SHIPPING (H.K.) LIMITED; 1st Respondent (1st Defendant): WINSMART INTERNATIONAL SHIPPING LIMITED; 2nd Respondent (2nd Defendant): SINOKOR MERCHANT MARINE CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2016
Case Number
HCMP3172/2015
Procedural Posture
Civil Appeal Extension of Time to Serve Notice of Appeal / Court of Appeal Application to Extend Time to Serve Notice of Appeal
Outcome
application dismissed
Legal Topics
Implied Terms, Misrepresentation, Negligence, Extension of Time for Appeal, Service of Notice of Appeal
Source Language
EN
Admiralty and Maritime Law Contract Law Civil Procedure Implied Terms Misrepresentation Negligence Extension of Time for Appeal Service of Notice of Appeal

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Parties

ARKO SHIP LEASING LIMITED

1st Applicant (1st Plaintiff)

YINGGAO SHIPPING (H.K.) LIMITED

2nd Applicant (2nd Plaintiff)

WINSMART INTERNATIONAL SHIPPING LIMITED

1st Respondent (1st Defendant)

SINOKOR MERCHANT MARINE CO. LTD.

2nd Respondent (2nd Defendant)

Procedural Posture

Civil Appeal Extension of Time to Serve Notice of Appeal / Court of Appeal Application to Extend Time to Serve Notice of Appeal

Legal Issues

  1. 1 Whether the Court should grant extension of time to serve the notice of appeal
  2. 2 Whether an implied contractual term obliging shipper to provide accurate gross container weight should be implied into the contracts
  3. 3 Whether the proposed appeal has a reasonable prospect of success given findings at trial

Ratio Decidendi

The Court dismissed the application for extension of time because the applicants' delay was inexcusable and they failed to show that the proposed appeal had a reasonable prospect of success, notably by failing to rely on the regulation at trial and by not appealing the judge's adverse finding on misrepresentation; accordingly no extension was granted and costs were ordered against the applicants.

Court Disposition

application dismissed

Orders

  • Application dismissed with costs to the defendants, to be taxed if not agreed