Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Package limitation clause

Legal area

Court

26 Sept 2024

TASMANIA FEEDLOT PTY. LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD

Citation

[2024] HKCFI 2722
Court

Court of First Instance
Case number

HCAJ22/2023

The application to amend the strike out Summons to add a preliminary issue on the construction of the Package Limitation Clause was dismissed because the new issue is at least arguable to involve factual evidence and is not a straightforward pure question of law suitable for summary determination under O.14A within the time available; however deletion of parts of the Summons was permitted.
26 Sept 2024

TASMANIA FEEDLOT PTY. LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD

Citation

[2024] HKCFI 2722
Court

Court of First Instance
Case number

HCAJ9/2023

The application to amend the strike out Summons to add a preliminary point of law was dismissed because the newly raised issue (construction and enforceability of the Package Limitation Clause and whether the Waybill formed part of the contract) is at least arguably dependent on factual evidence, is not a straightforward legal question, and could not be fairly or efficiently resolved within the very limited time before the scheduled hearing; deletion of specified parts of the Summons was allowed.