28 Sept 1988
RE THE ANDHIKA SAMYRA
- Citation
- RE THE ANDHIKA SAMYRA
- Court
- Court of First Instance
- Case number
- HCAJ14/1988
The court refused the stay because granting it would place the plaintiffs at a substantial juridical disadvantage: the Indonesian tonnage limitation (Article 474) is uncertain and likely materially lower than the Hong Kong limitation; the contractual choice-of-law clause cannot override Hong Kong's statutory incorporation of the Hague-Visby Rules which nullifies clauses reducing carrier liability; on balance Hong Kong is the appropriate forum and justice requires refusal of the stay.