Hong Kong Case Law: Decisions & Judgments

Topic

Carriage of goods

Legal area

Court

22 Jan 2013

ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

Citation

ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCAJ213/2009

Detention of the master and engineer in Mainland custody constituted exceptional circumstances justifying vacating and adjournment of the imminent trial date after a balancing exercise between expeditious disposal and fairness; adjournment granted but limited, not open-ended, and costs ordered against plaintiffs to reflect delay and failure to investigate alternatives (videolink).
20 Apr 2010

TUNG TAT TRANSPORTATION LTD v. DELTAMAX FREIGHT SERVICE (HK) LTD

Citation

TUNG TAT TRANSPORTATION LTD v. DELTAMAX FREIGHT SERVICE (HK) LTD
Court

Court of First Instance
Case number

HCA2596/2004

Tung Tat was negligent in both incidents; however Deltamax breached clause 1(4) of the 1st Contract by failing to procure the required transportation liability insurance and Tung Tat is entitled to rely on that breach to offset Deltamax's claim for the 1st incident (circuity of action). Tung Tat failed to prove the alleged oral agreement and failed to establish estoppel based on the 17 September 2004 e-mail; accordingly Deltamax recovers damages for the 2nd incident (US$215,809). Tung Tat's claim for logo removal costs fails. Costs ordered with Deltamax entitled to 70% of costs of both action…
20 Apr 2010

DELTAMAX FREIGHT SERVICE (HK) LTD v. TUNG TAT TRANSPORTATION LTD

Citation

DELTAMAX FREIGHT SERVICE (HK) LTD v. TUNG TAT TRANSPORTATION LTD
Court

Court of First Instance
Case number

HCA2348/2004

The court found no binding oral agreement (and in any event the alleged agents lacked authority); Deltamax breached clause 1(4) by failing to procure liability/transportation insurance and that breach gave rise to loss to Tung Tat which operated to defeat/offset Deltamax's claim for the 1st Incident; the alleged 17 September 2004 e-mail did not establish estoppel limiting liability for the 2nd Incident; Tung Tat was negligent for both incidents but succeeds on its insurance-based counterclaim for the 1st Incident while Deltamax recovers US$215,809 for the 2nd Incident; Tung Tat's logo-removal…
25 Nov 1983

THE OWNERS OF CARGO LATELY LADEN ABOARD M.V. "HUI CHENG" v. THE OWNERS OF THE SHIP OR VESSEL M.V. "HUI CHENG"(CHINESE FLAG)

Citation

THE OWNERS OF CARGO LATELY LADEN ABOARD M.V. "HUI CHENG" v. THE OWNERS OF THE SHIP OR VESSEL M.V. "HUI CHENG"(CHINESE FLAG)
Court

Court of First Instance
Case number

HCAJ16/1983

Clause 22 did not apply to the defendants because the words 'the Company' on the bill of lading referred to Keyway Freight (International) Ltd and could not be construed to include the owners; however the bank guarantee given to secure release of the Feng Sheng constituted a submission to the jurisdiction of the Hong Kong court binding the defendants; accordingly the defendants had submitted to Hong Kong jurisdiction and the application for a stay was refused (costs ordered nisi to defendants).

Hong Kong Case Law

ARKO SHIP LEASING LTD AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

TUNG TAT TRANSPORTATION LTD v. DELTAMAX FREIGHT SERVICE (HK) LTD

DELTAMAX FREIGHT SERVICE (HK) LTD v. TUNG TAT TRANSPORTATION LTD

THE OWNERS OF CARGO LATELY LADEN ABOARD M.V. "HUI CHENG" v. THE OWNERS OF THE SHIP OR VESSEL M.V. "HUI CHENG"(CHINESE FLAG)