Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misdelivery and conversion

Legal area

Court

13 Jul 2007

CAREWINS DEVELOPMENT (CHINA) LTD v. BRIGHT FORTUNE SHIPPING LTD

Citation

CAREWINS DEVELOPMENT (CHINA) LTD v. BRIGHT FORTUNE SHIPPING LTD
Court

Court of Appeal
Case number

CACV328/2006

Straight bills in these contracts were documents of title requiring production before delivery; defendants delivered without presentation and thus breached the contract and committed conversion; clause 2 was ambiguous as to excluding liability for deliberate misdelivery and, construed against the carrier, did not absolve the defendants; accordingly appeals allowed and damages awarded to plaintiff.
23 Sept 2005

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

Citation

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
Court

Court of Appeal
Case number

CACV64/2005

Appeal allowed: despite inordinate and inexcusable delay by the third parties, the court exercised its discretion to extend time because there were substantial arguable defences and procedural unfairness (notably an amendment at trial introducing a contractual indemnity in the absence of the third parties and failure to ensure the presence/clarity of the third party director witness). The order of Stone J dated 20 November 2002 was set aside on terms, a retrial of the third party action before a different judge ordered, and costs directions made conditional on third parties bearing costs thro…