10 Aug 2004
ORIENT TECHNOLOGIES LTD v. A PLUS EXPRESS (HK) LTD
- Citation
- ORIENT TECHNOLOGIES LTD v. A PLUS EXPRESS (HK) LTD
- Court
- District Court
- Case number
- DCCJ6747/2003
The court found the carrier's system and instruction to leave goods unattended, with knowledge of building restrictions and obvious risk of theft, amounted to wilful misconduct/reckless carelessness so the exemption and limitation clauses (Clauses 10 and 11) did not apply; accordingly the plaintiff was entitled to full value of the lost goods plus interest and costs (alternatively, had the conduct been mere negligence the clauses would have been reasonable and enforceable).