Hong Kong Case Law

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).

• Incorporation of terms
• Exemption and limitation clauses
• Reasonableness under control of exemption clauses ordinance
• Wilful misconduct vs negligence
• Damages and interest
• Burden of proof

SALLY THIRKELL v. TRANS WORLD AIRLINES CORP

Citation

SALLY THIRKELL v. TRANS WORLD AIRLINES CORP

Court

District Court

Case number

DCCJ4856/1968

Unexplained loss of luggage raises a presumption of negligence which the carrier must rebut to benefit from the statutory limit, but mere loss or misdelivery does not establish the higher standard of wilful misconduct required by Art.25; plaintiff failed to prove wilful misconduct and claim for full value dismissed.

• Carrier liability for baggage
• Wilful misconduct vs negligence
• Res ipsa loquitur
• Limitation of liability
• Onus of proof