Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bailee duty

Legal area

Court

16 Nov 2006

FOSHAN SUNDY TRADE CO LTD v. AIR SEA TRANSPORT (HK) LTD

Citation

FOSHAN SUNDY TRADE CO LTD v. AIR SEA TRANSPORT (HK) LTD
Court

District Court
Case number

DCCJ2417/2006

Documentary evidence established Plaintiff as named shipper and defendant released the goods without production of the original bill of lading and without Plaintiff's instruction; no credible legal defence under Hague-Visby or otherwise was shown; therefore carrier breached its duty and summary judgment was appropriate.
3 Aug 2004

RELIANCE INDUSTRIAL CORPORATION LTD v. HAI SANG LOGISTICS LTD

Citation

RELIANCE INDUSTRIAL CORPORATION LTD v. HAI SANG LOGISTICS LTD
Court

Court of First Instance
Case number

HCA396/2003

The defendant was the plaintiff's bailee as shown by contemporaneous faxes and conduct; no compromise agreement existed; the defendant released the 20 coils to Mr Lam without plaintiff's prior knowledge or authority and cannot invoke jus tertii because it did not act by authority of Mr Lam; the wrongful release constituted conversion and damages are the full value of the goods (US$152,660.40) with interest and costs.