17 Apr 1982
GOLDEN JET FREIGHT FORWARDERS LTD AND ANOTHER v. TRANSMERIDIAN AIR CARGO LTD AND ANOTHER
- Citation
- GOLDEN JET FREIGHT FORWARDERS LTD AND ANOTHER v. TRANSMERIDIAN AIR CARGO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA3488/1979
The appeal was allowed because the defendant in Action 914 (Golden Jet) demonstrated a bona fide triable defence: it could arguably raise a legal set-off/counterclaim against Transmeridian's claim for air charter hire and the strict common law rule against deduction from freight is limited to voyage charters and does not preclude, as a matter of law, a legal set-off in the context of an air charter hire; accordingly leave to sign final judgment was set aside and the actions were consolidated with leave to set off.