10 Apr 1992
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL ``K. H. ENTERPRISE\'\' v. THE OWNERS OF THE SHIP OR VESSEL ``PIONEER CONTAINER\'\'
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL ``K. H. ENTERPRISE\'\' v. THE OWNERS OF THE SHIP OR VESSEL ``PIONEER CONTAINER\'\'
- Court
- Court of Appeal
- Case number
- CACV79/1991
The Court allowed the appeal and stayed proceedings: the exclusive jurisdiction clause bound all cargo interests including non-contractual sub-bailees by operation of bailment/sub-bailment on terms (and by necessity where the cause of action relies on the bailment contract); plaintiffs deliberately allowed the Taiwan limitation to expire and failed to show strong cause to refuse a stay under the forum non conveniens principles from El Amria/Spiliada, so the action must be stayed in favour of the Taiwan forum.