Hong Kong Case Law: Decisions & Judgments

Topic

Hague rules

Legal area

Court

19 Jul 2001

HABIB FINANCE INTERNATIONAL LTD. v. APL CO. PTE. LTD. AND OTHERS

Citation

HABIB FINANCE INTERNATIONAL LTD. v. APL CO. PTE. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCAJ70/2001

Clause 3 (exclusive Japanese law and jurisdiction) is valid and reconcilable with stamped clauses A, B and C; the plaintiff failed to show strong grounds to refuse a stay (no substantial Hong Kong-centric evidence or necessity for trial in Hong Kong), therefore the Hong Kong proceedings are stayed in favour of the contractual Tokyo forum and the 3rd defendant is entitled to costs.
29 Sept 2000

CHINA NINGBO CIXI IMPORT & EXPORT CORPORATION v. BERAISEA HONG KONG LTD.

Citation

CHINA NINGBO CIXI IMPORT & EXPORT CORPORATION v. BERAISEA HONG KONG LTD.
Court

Court of First Instance
Case number

HCCL186/1999

Defendant delivered the cargo without production of the original bill of lading in breach of its contractual and bailment duties and is liable for conversion and loss; plead defences were legally insufficient and unsubstantiated and therefore summary judgment was appropriate — judgment for plaintiff for the value of the goods (US$20,300), interest and costs.
6 Jul 1995

HECNY SHIPPING LIMITED v. WILY PRODUCTS COMPANY LIMITED

Citation

HECNY SHIPPING LIMITED v. WILY PRODUCTS COMPANY LIMITED
Court

Court of Appeal
Case number

CACV61/1995

The bills of lading expressly enumerated 500 cartons per bill and the Hague-Visby deeming provision applies, so the relevant shipping units for limitation are the cartons not the containers; accordingly limitation did not assist the carrier and the trial judgment awarding damages based on the FOB value (US$186,000 for goods plus US$30,000 freight) was correct and affirmed.
23 Dec 1994

TAITEXMA ENTERPRISE CORPORATION v. TILLEMONT SHIPPING CORPORATION S.A. and Another

Citation

TAITEXMA ENTERPRISE CORPORATION v. TILLEMONT SHIPPING CORPORATION S.A. and Another
Court

Court of Appeal
Case number

CACV70/1994

At interlocutory stage the Court of Appeal held plaintiffs failed to demonstrate a good arguable case of unseaworthiness attributable to lack of due diligence by owners: defendants adduced cogent evidence of proper crew selection, qualifications, up-to-date charts and instructions and reasonable efforts to protect the vessel and cargo; loss was consistent with an error of navigation/peril of the sea, so Mareva injunction must be discharged.
4 Jun 1991

THE OWNERS OF CARGO LATERLY LADEN ON BOARD THE SHIP "DONG DO" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS "DONG DO" AND OTHERS

Citation

THE OWNERS OF CARGO LATERLY LADEN ON BOARD THE SHIP "DONG DO" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS "DONG DO" AND OTHERS
Court

Court of First Instance
Case number

HCAJ95/1988

The bills of lading are governed by Japanese law (inferred from clauses and connections with Japan) and, after construing the bills in their entirety including the valid demise clause, the bills are shipowners' bills; as a consequence the defendants are entitled to the contractual protections including the one‑year time bar, and the plaintiffs' claim is defeated.
13 Jun 1990

RE DAVID BURNHAM JOHNSON

Citation

RE DAVID BURNHAM JOHNSON
Court

Court of First Instance
Case number

HCMP1610/1990

The applicant failed to discharge the burden of showing the appeal is of such unusual difficulty or complexity that no competent local counsel of appropriate skill and experience is available; accordingly admission under s.27(2) is refused.
29 Jan 1988

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "OCEANIA QUEEN" v. THE OWNERS OF THE SHIP OR VESSEL "OCEANIA QUEEN"

Citation

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "OCEANIA QUEEN" v. THE OWNERS OF THE SHIP OR VESSEL "OCEANIA QUEEN"
Court

Court of First Instance
Case number

HCAJ276/1985

The defendants discharged the initial burden by showing Kosrae is the clearly more appropriate forum given the factual connections and applicable US law; the practical difficulties identified by the plaintiffs were not shown to make a fair trial impossible in Kosrae; accordingly the Hong Kong proceedings should be stayed in favour of Kosrae.
24 Jan 1983

KENVEE (NIGERIA) LTD v. PROMRT SHIPPING CORPORATION LTD AND ANOTHER

Citation

KENVEE (NIGERIA) LTD v. PROMRT SHIPPING CORPORATION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA7720/1982

Clause 36 of the Bill of Lading governs the one‑year time bar; 'suit is brought' is satisfied where a suit is brought in respect of the particular cargo by someone claiming as owner against someone sued as carrier, which stops time running and permits correction or joinder of alternative claimants/defendants; the court has jurisdiction and a discretion to permit joinder after expiry and, applying the factors, the discretion should be exercised to allow the 2nd defendant to remain.
3 Mar 1980

I.T.T. TEXTILE MANUFACTURING CO LTD v. YONG LONG STEAMSHIP CO LTD

Citation

I.T.T. TEXTILE MANUFACTURING CO LTD v. YONG LONG STEAMSHIP CO LTD
Court

Court of First Instance
Case number

HCCL10/1979

The stay was granted because the bill of lading contained a clear and enforceable jurisdiction clause designating Taipei, the dispute was more closely connected to Taiwan (evidence and survey located there, parties and goods in Taiwan), and the plaintiff failed to discharge the heavy burden of showing strong cause to refuse a stay; similarity between applicable law and existence of a Hong Kong security did not justify denying the stay.
30 Dec 1974

MITSUI & CO LTD v. GOLD STAR LINE LTD

Citation

MITSUI & CO LTD v. GOLD STAR LINE LTD
Court

Court of Appeal
Case number

CACV45/1974

A time charterer who signs a bill of lading containing a demise clause manifests an intention not to assume personal liability and therefore incurs no personal liability that could be the subject of a prohibited exclusion under the Hague Rules; accordingly Clause 17 was effective to prevent the charterer incurring personal liability and the appeal is dismissed.