9 Feb 2010
YUE KIT GROUP LTD v. SYMS CONTAINERS LINE AGENCIES (HK) LTD
- Citation
- YUE KIT GROUP LTD v. SYMS CONTAINERS LINE AGENCIES (HK) LTD
- Court
- Court of First Instance
- Case number
- HCA1579/2008
Defendant acted solely as disclosed agent for SYMS and therefore was not the contractual carrier or bailee; alternatively, if it had been the carrier, clause 23 of the bill of lading validly entitled the carrier to exercise a lien and to charge overweight and scale fees and to retain cargo for sums due; accordingly plaintiff's claims against the defendant fail and are dismissed, with costs to the defendant; monies paid into court to be paid out to plaintiff after 28 days.