9 Jan 2009
LU GUO XIANG v. HONG KONG MING WAH SHIPPING CO LTD
- Citation
- LU GUO XIANG v. HONG KONG MING WAH SHIPPING CO LTD
- Court
- Court of First Instance
- Case number
- HCPI254/2006
The court exercised its discretion under s.30 Limitation Ordinance to disapply s.27 for the common law claim because defendant's conduct, representations and repeated acknowledgements caused equitable prejudice and the balance of prejudice favoured plaintiff; contractual claims under the ITF agreement were not time barred because defendant acknowledged liability and the contractual obligation did not accrue until the plaintiff's disabilities were certified on 17 October 2008; defendant breached its duties (negligence and implied contractual terms) and plaintiff was not contributorily negligen…