31 Jul 2001
CENTER OPTICAL (HONG KONG) LTD. v. JARDINE TRANSPORT SERVICES (CHINA) LTD.
- Citation
- CENTER OPTICAL (HONG KONG) LTD. v. JARDINE TRANSPORT SERVICES (CHINA) LTD.
- Court
- Court of First Instance
- Case number
- HCCL146/1999
Court found on the facts that JTSC was the contracting carrier (or at least liable as unnamed and/or real principal) under the DCL house bills; Pronto operated as JTSC's agent in Miami and JTSC is therefore liable for Pronto's admitted wrongful release of the goods without production of original bills. Clauses 6(2) and 14 and the alleged Standard Trading Conditions did not clearly or sufficiently exclude liability for deliberate misdelivery; package limitation was not established by the defendant. Plaintiff proved loss and was entitled to judgment for the invoice value of the two shipments.