24 Aug 1995
JARDINE FREIGHT SERVICES (HK) LTD v. A CLASS FASHION MANUFACTORY
- Citation
- JARDINE FREIGHT SERVICES (HK) LTD v. A CLASS FASHION MANUFACTORY
- Court
- Court of Appeal
- Case number
- CACV215/1994
The Court upheld the trial judge's exercise of discretion in refusing the late admission of the witness statement; held that the HAFFA standard trading conditions were incorporated by the written quotations; concluded the exemption clauses applied because on the balance of probabilities the quota visa was lost while outside the plaintiff's actual custody and control (thus exempting liability); held that 'goods' includes documents; held there was no waiver evidenced by the early letter; and refused to disturb the judge's discretionary award of interest given lateness of the contractual point a…