9 Apr 1991
KA DA WATCH CO LTD v. SKYWORLD AIR EXPRESS LTD
- Citation
- KA DA WATCH CO LTD v. SKYWORLD AIR EXPRESS LTD
- Court
- Court of Appeal
- Case number
- CACV62/1990
The Court held that the defendant (via its agent) acted recklessly with knowledge that releasing the goods without bank release confirmation would probably cause the plaintiff to lose its D/P security; therefore Article 25 disapplies the Article 22 limits. Clause 24(iii) of the house air waybill, which attempts to limit liability to US$20/kg and does not accommodate Article 25 exceptions, tends to relieve the carrier and is null and void under Article 23(1). Damages for loss of security were assessed at 90% of invoice value = US$9,855 and judgment entered for plaintiff; interest reserved for…