Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Incoterms

  • 3 Feb 2017

    SCHENKER INTERNATIONAL (H.K.) LTD v. NATURAL DAIRY (NZ) HOLDINGS LTD

    Citation
    SCHENKER INTERNATIONAL (H.K.) LTD v. NATURAL DAIRY (NZ) HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCA1755/2011

    The court found an express verbal agreement was concluded on 29 March 2011 between the plaintiff and the defendant, the plaintiff's standard trading conditions were properly brought to the defendant's notice and incorporated into the contract (making the defendant liable even if acting as agent), the defendant remained liable for unpaid ocean and airfreight invoices, and judgment was entered for the plaintiff for HK$4,360,948.38 with contractual interest at 2% per month from 6 September 2011 until judgment and statutory interest thereafter.

  • 19 Aug 2002

    F. UHRENHOLT MEAT A/S v. GLITTER HONOUR LTD.

    Citation
    F. UHRENHOLT MEAT A/S v. GLITTER HONOUR LTD.
    Court
    District Court
    Case number
    DCCJ674/2002

    The defence of illegality fails because the importation was not absolutely prohibited but permissible with written permission of a health officer; the contract allocated import risk and licence-obligation to the buyer under Incoterms and the contract, and the defendant's failure to obtain the licence was its own default, so the plaintiff is entitled to judgment on liability with damages to be assessed.