16 Dec 1998
WONG ANGELA t/a JMT CO. v. RAF FORWARDING (H.K.) LTD.
- Citation
- WONG ANGELA t/a JMT CO. v. RAF FORWARDING (H.K.) LTD.
- Court
- Court of First Instance
- Case number
- HCA5533/1998
The common law rule preventing set-off against freight extends to contracts of carriage by air; therefore the respondent's entitlement to freight is not subject to set-off or counterclaim by the appellant and summary judgment (except as to the amount covered by the dishonoured cheque) was properly upheld. The dishonoured cheque admitted liability for that part of the claim and no defence existed to the cheque amount.