11 Jan 2019
CHIMBUSCO PAN NATION PETRO CHEMICAL CO LTD v. ARKSTAR SHIP MANAGEMENT PTE LTD
- Citation
- [2019] HKCFI 57
- Court
- Court of First Instance
- Case number
- HCA1199/2015
Clauses 11(b) and 26(b) operate to extinguish the Defendant's claims because no valid Notice of Protest was given within the contractual period and no proceedings were commenced within 12 months; on the facts the Defendant failed to prove contamination at delivery (only one positive microbiological result was from a sample taken months later), and section 17 of the Ordinance applies so statutory restrictions on exemption clauses do not invalidate the contractual time/notice provisions; therefore the Defendant's counterclaim is dismissed and the matters pleaded do not constitute a defence to t…