Hong Kong Case Law

2 Feb 2007

CTO (CHINA) GLOBAL LOGISTICS LTD v. SANAMA INTERNATIONAL LTD

Citation

CTO (CHINA) GLOBAL LOGISTICS LTD v. SANAMA INTERNATIONAL LTD

Court

District Court

Case number

DCCJ5528/2006

The correspondence and conduct (including a credit facilities application and granted 60-day credit) established a direct contractual obligation by the Defendant to pay all freight and incidental charges; the agency allegation was not credible and the asserted counterclaim did not operate as a set-off, therefore summary judgment for the full claimed sum with interest and costs was appropriate.

• Freight charges
• Agency
• Summary judgment
• Counterclaim for delay
• Set-off
• Incidental charges

9 Jun 1989

EMERY AIR FREIGHT CORPORATION v. EQUUS TRICOTS LTD

Citation

EMERY AIR FREIGHT CORPORATION v. EQUUS TRICOTS LTD

Court

Court of First Instance

Case number

HCA6778/1988

The air waybill condition is a contracting clause that excludes the defendant's right of set-off and the established rule barring set-off in actions for freight (as applied to sea and road) applies to air freight; therefore the defendant is not entitled to a stay of execution and the plaintiff's appeal must succeed.

• Stay of execution
• Set-off
• Summary judgment
• Freight charges
• Air waybill terms

20 Nov 1970

LOTUS TOURS LTD v. CHINA MARINE INVESTIMENT CO LTD

Citation

LOTUS TOURS LTD v. CHINA MARINE INVESTIMENT CO LTD

Court

District Court

Case number

DCCJ2500/1970

On the facts the plaintiff was only agent of the airline and not agent of the defendant; the air waybill and billing practice showed agency for the carrier, there was no evidence of legal compulsion to pay the carrier, and therefore plaintiff could not recover freight charges from defendant; claim dismissed.

• Agency authority
• Right to sue on principal's contract
• Payment under compulsion
• Freight charges
• Demurrage

AERY EXPRESS CORP LTD v. CHARTERERS & CONSOLIDATORS (HK) LTD

Citation

AERY EXPRESS CORP LTD v. CHARTERERS & CONSOLIDATORS (HK) LTD

Court

District Court

Case number

DCCJ6069/1975

The judge accepted the plaintiff's account over the defendant's on credibility and surrounding circumstances, found that the freight was agreed to be charged on volume, and awarded the plaintiff judgment for the claimed sum with costs on the lower scale.

• Freight charges
• Offer and acceptance
• Witness credibility and evaluation
• Contract formation
• Aide-memoire vs written contract