ARTBRAND LTD. AND ANOTHER v. INTEROCEAN LINES LTD. AND ANOTHER

ARTBRAND LTD. AND ANOTHER v. INTEROCEAN LINES LTD. AND ANOTHER

The court set aside the default judgment because the 1st Defendant provided a plausible explanation for delay and demonstrated arguable/meritorious defences both on agency under Clause 15 of the bill of lading and on the defence of perils of the sea (supported by the Master’s Note of Protest), warranting leave to serve and file a defence.

Citation
ARTBRAND LTD. AND ANOTHER v. INTEROCEAN LINES LTD. AND ANOTHER
Parties
1st Plaintiff: Artbrand Limited; 2nd Plaintiff: Pioneer Shipping Limited; 1st Defendant: Interocean Lines Limited; 2nd Defendant: Shreyan Shipping Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 1998
Case Number
HCAJ315/1997
Procedural Posture
Admiralty Proceedings / Application to Set Aside Default Judgment (in Chambers)
Outcome
Default judgment set aside as against the 1st Defendant; 1st Defendant granted leave to serve and file defence.
Legal Topics
Setting Aside Default Judgment, Bill of Lading, Agency/principal Agent, Perils of the Sea, Hague Visby Rules, Leave to File Defence, Contract Interpretation
Source Language
EN
Admiralty Maritime Law Civil Procedure Contract Law Setting Aside Default Judgment Bill of Lading Agency/principal Agent Perils of the Sea +3 more

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Parties

Artbrand Limited

1st Plaintiff

Pioneer Shipping Limited

2nd Plaintiff

Interocean Lines Limited

1st Defendant

Shreyan Shipping Limited

2nd Defendant

Procedural Posture

Admiralty Proceedings / Application to Set Aside Default Judgment (in Chambers)

Legal Issues

  1. 1 Whether the judgment entered in default of defence should be set aside for delay and whether the 1st Defendant has a meritorious defence
  2. 2 Whether the 1st Defendant acted as agent under Clause 15 of the bill of lading or as principal
  3. 3 Whether loss was caused by perils of the sea and whether the carrier fulfilled due diligence under Article III(1)(c) Hague-Visby Rules

Ratio Decidendi

The court set aside the default judgment because the 1st Defendant provided a plausible explanation for delay and demonstrated arguable/meritorious defences both on agency under Clause 15 of the bill of lading and on the defence of perils of the sea (supported by the Master’s Note of Protest), warranting leave to serve and file a defence.

Court Disposition

Default judgment set aside as against the 1st Defendant; 1st Defendant granted leave to serve and file defence.

Orders

  • Set aside the judgment entered against the 1st Defendant on 4 September 1998.
  • 1st Defendant granted leave to serve and file the defence within two days.