25 Nov 2009
SUN WAI WAH TRANSPORTATION LTD v. CHEUNG KEE MARINE SERVICES CO. LTD. AND ANOTHER
- Citation
- SUN WAI WAH TRANSPORTATION LTD v. CHEUNG KEE MARINE SERVICES CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAJ134/2009
The court held that, because Article 2(2) of the 1976 Convention brings contractual indemnity claims within the scope of limitation and there were no clear words in the Indemnity Agreement excluding the Convention, Sun Wai was entitled to a limitation decree; the indemnity must be read as limited to what the Convention permits and Cheung Kee's position is not prejudiced as it may seek its own limitation and is bound by mitigation obligations.