2 Oct 2024
TASMANIA FEEDLOT PTY LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD
- Citation
- [2024] HKCFI 2708
- Court
- Court of First Instance
- Case number
- HCAJ22/2023
The summons to strike out was dismissed because Toll HK had sufficiently pleaded that Toll Australia acted as its agent and that Toll HK was an undisclosed principal entitled to sue under the OOCL Waybill; the strike out threshold is high, the asserted defects were minor and inferable from the pleaded and evidenced factual matrix, and any disputed facts require trial rather than summary disposal.