1 Oct 1979
KUEHNE & NAGEL (HONG KONG) LTD v. YUEN FUNG METAL WORKS LTD
- Citation
- KUEHNE & NAGEL (HONG KONG) LTD v. YUEN FUNG METAL WORKS LTD
- Court
- Court of Appeal
- Case number
- CACV5/1979
The court held that delivery of the goods without surrender of the bill of lading was a fundamental breach of the contract of carriage and, because the defendants (as bailees/carriers) gave no evidence as to what occurred in their possession, they failed to discharge the burden to show the loss was not due to a fundamental breach; consequently they could not rely on exemption or limitation clauses and the trial judgment for the plaintiffs was upheld.