21 Jul 2011
MEDIATEK INCORPORATION AND ANOTHER v. MORRISON EXPRESS CORP. LTD AND OTHERS
- Citation
- MEDIATEK INCORPORATION AND ANOTHER v. MORRISON EXPRESS CORP. LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ153/2009
The court held that the 2nd Defendant had not proven it was acting as agent of the Plaintiffs and the available evidence (including the timing of appointments and the Letter of Indemnity) indicated D2 acted as principal when engaging D3; accordingly D2 is vicariously liable for D3's negligence. Liability is established; quantum remains to be assessed and issues as to the applicability and reasonableness of any limitation clauses are triable.