SCHENKER (H.K.) LTD. v. TENERET LTD. and Another

SCHENKER (H.K.) LTD. v. TENERET LTD. and Another

The 2nd Defendant failed to produce verified evidence of a triable issue and, on the merits, by allowing the 1st Defendant to export in its name the 2nd Defendant authorised the shipment and became a party to the contract; accordingly summary judgment against the 2nd Defendant was properly entered and the appeal is dismissed.

Citation
SCHENKER (H.K.) LTD. v. TENERET LTD. and Another
Parties
Plaintiff: Schenker (H.K.) Limited; Defendant (1st): Teneret Limited; Defendant (2nd): Brightex International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 1998
Case Number
HCA7768/1995
Procedural Posture
Summary Judgment Appeal / Appeal Against Master Cannon's Summary Judgment in Court of First Instance
Outcome
Appeal dismissed; summary judgment against the 2nd Defendant affirmed
Legal Topics
Summary Judgment, Agency, Service of Process, Extension of Time, Indemnity, Shipping Documents
Source Language
EN
Contract Civil Procedure Agency Shipping/carriage Summary Judgment Service of Process Extension of Time Indemnity +1 more

Case Brief

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Parties

Schenker (H.K.) Limited

Plaintiff

Teneret Limited

Defendant (1st)

Brightex International Limited

Defendant (2nd)

Procedural Posture

Summary Judgment Appeal / Appeal Against Master Cannon's Summary Judgment in Court of First Instance

Legal Issues

  1. 1 Whether the 2nd Defendant was a party to the contract of carriage
  2. 2 Whether the 2nd Defendant raised a triable issue to resist summary judgment
  3. 3 Whether the court should extend time for filing and service of the notice of appeal

Ratio Decidendi

The 2nd Defendant failed to produce verified evidence of a triable issue and, on the merits, by allowing the 1st Defendant to export in its name the 2nd Defendant authorised the shipment and became a party to the contract; accordingly summary judgment against the 2nd Defendant was properly entered and the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment against the 2nd Defendant affirmed

Orders

  • Time for filing and serving the notice of appeal extended
  • Appeal dismissed