5 May 1987
BEE KAY AND CO. (H.K.) LIMITED v. WOMBAT LINES INC. AND ANOTHER
- Citation
- BEE KAY AND CO. (H.K.) LIMITED v. WOMBAT LINES INC. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA10790/1982
The Bank Indemnity was forged; the telexes and the letter constituted a binding agreement that goods would be released only against a Bank Indemnity; defendants released goods without a valid indemnity and thus breached that agreement and are liable to the plaintiffs; the common‑law indemnity principle relied on by defendants did not apply because the agents did not act honestly and bona fide with a valid indemnity (they had a worthless document), the contract was not an insurance/surety requiring utmost good faith, and the defendants did not satisfy the requisite standard (express term or be…