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…