5 Nov 1998
BEWISE MOTORS CO LTD v. HOI KONG CONTAINER SERVICES LTD
- Citation
- BEWISE MOTORS CO LTD v. HOI KONG CONTAINER SERVICES LTD
- Court
- Court of Final Appeal
- Case number
- FACV4/1997
Majority held clause 4(a) must be read in its plain grammatical grouping as three separate parts so that the sweep-up provision for 'any other loss or damage' (requiring conclusive proof of neglect or default) did not qualify the listed causes in part (1) including theft; accordingly the defendant's terms exempted it from liability for the theft (subject to the specific employee exception which did not apply on findings), and on that construction the appeal was dismissed with costs.