27 Jul 2006
CAREWINS DEVELOPMENT (CHINA) LTD v. HECNY SHIPPING LTD
- Citation
- CAREWINS DEVELOPMENT (CHINA) LTD v. HECNY SHIPPING LTD
- Court
- Court of First Instance
- Case number
- HCCL50/2004
Court held that straight bills generally require presentation and defendants were prima facie in breach for delivery without original bills, but the misdelivery occurred after discharge so the Hague-Visby Rules did not nullify contractual terms; Clause 2(b) unambiguously excluded liability for misdelivery and therefore, on construction, the defendants were entitled to rely on that exemption; plaintiff's claims dismissed and defendants' counterclaims dismissed.