27 Jul 2007
ESGAME CO LTD v. FREIGHT OVERSEAS CO LTD AND ANOTHER
- Citation
- ESGAME CO LTD v. FREIGHT OVERSEAS CO LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ1845/2006
The court struck out Freight Overseas Company Limited (FOCO Hong Kong) because the bills of lading plainly named FOCO Taiwan (Qian Sheng) as the contractual carrier and the evidence established FOCO Hong Kong and FOCO Taiwan were separate legal entities; FOCO Hong Kong was therefore wrongly joined and must be removed as party. The Plaintiff was permitted to amend to substitute FOCO Taiwan as defendant. Questions on limitation/time bar and applicability of terms on the reverse of the B/Ls were left for FOCO Taiwan to raise when properly served.