21 May 2018
MOZARD (HK) CO. LTD v. DACHSER HONG KONG LTD
- Citation
- [2018] HKDC 574
- Court
- District Court
- Case number
- DCCJ5823/2015
The AWB reverse conditions were incorporated by prominent notice on the AWB; defendant failed to prove the loss occurred within an airport so Montreal Convention did not apply directly and clause 2/2.1 could not be construed to extend the Convention to cover the release; HAFFA STCs were incorporated by the Shipper's Instructions and clause 21.5 covers unexplained losses; clause 21.5 is reasonable under the CECO; liability is therefore limited to the per kilogram HAFFA limit applied via AWB clause 4, resulting in HK$10 x 300 kg = HK$3,000 damages plus interest.