Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Perils of the sea

Legal area

Court

13 Nov 1998

ARTBRAND LTD. AND ANOTHER v. INTEROCEAN LINES LTD. AND ANOTHER

Citation

ARTBRAND LTD. AND ANOTHER v. INTEROCEAN LINES LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCAJ315/1997

The court set aside the default judgment because the 1st Defendant provided a plausible explanation for delay and demonstrated arguable/meritorious defences both on agency under Clause 15 of the bill of lading and on the defence of perils of the sea (supported by the Master’s Note of Protest), warranting leave to serve and file a defence.
23 Dec 1994

TAITEXMA ENTERPRISE CORPORATION v. TILLEMONT SHIPPING CORPORATION S.A. and Another

Citation

TAITEXMA ENTERPRISE CORPORATION v. TILLEMONT SHIPPING CORPORATION S.A. and Another
Court

Court of Appeal
Case number

CACV70/1994

At interlocutory stage the Court of Appeal held plaintiffs failed to demonstrate a good arguable case of unseaworthiness attributable to lack of due diligence by owners: defendants adduced cogent evidence of proper crew selection, qualifications, up-to-date charts and instructions and reasonable efforts to protect the vessel and cargo; loss was consistent with an error of navigation/peril of the sea, so Mareva injunction must be discharged.