28 Sept 1988
RE THE ANDHIKA SAMYRA
- Citation
- RE THE ANDHIKA SAMYRA
- Court
- Court of First Instance
- Case number
- HCAJ15/1988
The court refused the stays because although Indonesia is an available forum, proceeding there would place the plaintiffs at a decisive juridical disadvantage: Indonesian Article 474 yields an uncertain and potentially derisory tonnage limitation and Indonesian law does not incorporate the Hague-Visby protections applicable to carriage from Hong Kong; Condition 19 (choice of Indonesian law/limitation) is void insofar as it seeks to lessen Hague-Visby obligations; Adhiguna Meranti supports those conclusions and the balance of justice requires the actions remain in Hong Kong.