17 Oct 1979
BANK NEGARA INDONESIA v. THE HONG KONG AND KOWLOON WHARF AND GODOWN CO LTD
- Citation
- BANK NEGARA INDONESIA v. THE HONG KONG AND KOWLOON WHARF AND GODOWN CO LTD
- Court
- Court of Appeal
- Case number
- CACV55/1978
On the balance of probabilities the drums contained genuine nutmeg oil; the wharf company committed a fundamental breach by failing to compare signatures as required by Clause 42(a); applying contractual construction principles (fair and reasonable interpretation and contra proferentem) and relevant authorities, the exclusion/limitation clauses did not protect the defendant from liability for the full value of the lost goods; appeal dismissed.