Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Limitation of liability under 1976 convention

Legal area

Court

12 Apr 2016

FLOATA CONSOLIDATION LTD v. MAN LEE HING (HONG KONG) VEHICLES LTD AND OTHERS

Citation

FLOATA CONSOLIDATION LTD v. MAN LEE HING (HONG KONG) VEHICLES LTD AND OTHERS
Court

Court of First Instance
Case number

HCAJ178/2014

Applicant failed to establish prima facie that the loss resulted from a personal act or omission of the Plaintiff which was reckless with actual knowledge that such loss would probably result; crew conduct could not be attributed as the Plaintiff's personal act or omission and the application to set aside the limitation decree therefore failed.
9 Nov 1998

PROFIT COUNTRY ENTERPRISES LTD. v. SEA-LAND SERVICE, INC. AND ANOTHER

Citation

PROFIT COUNTRY ENTERPRISES LTD. v. SEA-LAND SERVICE, INC. AND ANOTHER
Court

Court of First Instance
Case number

HCAJ245/1997

Where defendants have obtained a limitation decree and established a limitation fund in the foreign maritime court and the claimant produces no material to meet the high burden under the 1976 Convention to show intent or recklessness sufficient to defeat limitation, the Hong Kong court will stay proceedings in favour of the forum where the limitation fund was established and require claims to be pursued against that fund.