Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Carriage of goods by sea act (us)

  • 16 Jan 1998

    TRANG SEAFOOD PRODUCTS CO LTD AND ANOTHER v. SEA-LAND SERVICES INC

    Citation
    TRANG SEAFOOD PRODUCTS CO LTD AND ANOTHER v. SEA-LAND SERVICES INC
    Court
    Court of First Instance
    Case number
    HCAJ207/1997

    The application for a stay on forum non conveniens grounds was dismissed because the defendant failed to show that Thailand is clearly and distinctly a more appropriate forum (failed Test I) and, in any event, trial in Thailand would deprive the plaintiffs of serious juridical advantages — most decisively a real risk of a mandatory Thai time bar — so that on balance (Test III) substantial justice would not be served by a stay; Hong Kong is the appropriate forum and the stay is refused with costs.

    • Forum non conveniens
    • Bill of lading/clause paramount
    • Carriage of goods by sea act (us)
    • Jurisdiction
    • Stay of proceedings
    • Mitigation of loss

  • 29 Jan 1988

    THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "OCEANIA QUEEN" v. THE OWNERS OF THE SHIP OR VESSEL "OCEANIA QUEEN"

    Citation
    THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "OCEANIA QUEEN" v. THE OWNERS OF THE SHIP OR VESSEL "OCEANIA QUEEN"
    Court
    Court of First Instance
    Case number
    HCAJ276/1985

    The defendants discharged the initial burden by showing Kosrae is the clearly more appropriate forum given the factual connections and applicable US law; the practical difficulties identified by the plaintiffs were not shown to make a fair trial impossible in Kosrae; accordingly the Hong Kong proceedings should be stayed in favour of Kosrae.

    • Forum non conveniens
    • Stay of proceedings
    • Choice of law
    • Bills of lading
    • Hague rules
    • Carriage of goods by sea act (us)