22 Nov 2000
KITH MUTUAL BENEFITS INTERNATIONAL LTD. v. STACK ELECTRONICS FAR EAST LTD.
- Citation
- KITH MUTUAL BENEFITS INTERNATIONAL LTD. v. STACK ELECTRONICS FAR EAST LTD.
- Court
- Court of First Instance
- Case number
- HCAJ123/1997
Wald and Loyd failed to discharge the burden of proving that property passed to them before the collision because the bills were to the order of the shippers and there was no credible documentary or oral evidence of a binding course of dealing or payment before loss; their claims are dismissed. Sunlight proved on the balance of probabilities that it had retained jus disponendi by withholding original bills until payment and therefore the property had not passed to its buyer at the time of the collision; Sunlight has title to sue and succeeds for 70% of its invoice value.