13 Aug 2021
PERFECT BEST ASSET MANAGEMENT INC. v. ADL EXPRESS LTD AND ANOTHER
- Citation
- [2021] HKCFI 2310
- Court
- Court of First Instance
- Case number
- HCA937/2016
1st Defendant liable for unauthorized release/misdelivery because it was the contractual combined transport operator in respect of the CB/Ls and failed to prove lawful telex release authority or effective agency for Yang Ming; Trading Conditions did not apply where CB/Ls governed; time-bar defences under the CB/L and HVR failed; however Plaintiff failed to prove actual loss because its own Payment Record and correspondence established that the buyer had paid for the containers; accordingly Plaintiff awarded nominal damages only (HK$1,000) and claim for substantive damages dismissed; action ag…