Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation (time-bar)

  • 8 Apr 2014

    FASTPORT CARGO SERVICE LTD v. KFIC LOGISTICS (HONG KONG) LTD

    Citation
    FASTPORT CARGO SERVICE LTD v. KFIC LOGISTICS (HONG KONG) LTD
    Court
    District Court
    Case number
    DCCJ4438/2013

    The defendant failed to show the claim was plainly and obviously time-barred or an abuse of process: there was insufficient evidence to imply a one-year limitation clause into the contract; the Hague-Visby one-year rule, on its face, applies to carriers not shippers and does not establish the claim was time-barred; disputed facts favor the plaintiff; and late-raised jurisdiction/forum non conveniens points could not support a strike-out. The summons to strike out was dismissed with costs to the plaintiff.

  • 30 May 2001

    AQUA-LEISURE INDUSTRIES INC. AND ANOTHER v. CHAMP FAIR MANUFACTORY CO. LTD.

    Citation
    AQUA-LEISURE INDUSTRIES INC. AND ANOTHER v. CHAMP FAIR MANUFACTORY CO. LTD.
    Court
    Court of First Instance
    Case number
    HCA4819/1992

    On the balance of probabilities the court found Champ Fair supplied defective goods in the 1991 and 1992 seasons causing quantifiable losses; Champ Fair was entitled to judgment on its counterclaim for unpaid invoices of HK$1,403,474.30 but the plaintiffs were entitled to set-off for defective goods and associated costs of US$79,912.31 (1991) and US$129,192.97 (1992), resulting in a final balance in favour of the plaintiffs; 1991 claims could be relied upon as set-off despite limitation; interest ordered at prime rate plus 1% on the final balance from the date of the writ to judgment; costs a…