Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bailee/sub-bailee duty
  • 2 Apr 2013

    MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS

    Citation
    MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAJ106/2008

    Summary judgment was appropriate against the BAL Defendants (1st, 2nd and 4th as pleaded) because plaintiffs satisfied Order 14 preliminary requirements and the BAL Defendants failed to raise a credible defence on liability; Clause 3 time bar does not apply to non-delivery; Clause 17(B)I(2)(k) does not exclude liability for loss caused by failures which the carrier could have prevented by reasonable diligence (not force majeure); Clause 18.3 is a valid commercial limitation of liability and applies to negligent loss where consignor paid ordinary freight, but Clause 23.2 removes the limitation…