26 Sept 2024
TASMANIA FEEDLOT PTY. LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD
- Citation
- [2024] HKCFI 2722
- Court
- Court of First Instance
- Case number
- HCAJ9/2023
The application to amend the strike out Summons to add a preliminary point of law was dismissed because the newly raised issue (construction and enforceability of the Package Limitation Clause and whether the Waybill formed part of the contract) is at least arguably dependent on factual evidence, is not a straightforward legal question, and could not be fairly or efficiently resolved within the very limited time before the scheduled hearing; deletion of specified parts of the Summons was allowed.