13 Dec 1993
SHRIRO (H.K.) LIMITED v. SONIC AIR FORWARDERS ENTERPRISE LIMITED
- Citation
- SHRIRO (H.K.) LIMITED v. SONIC AIR FORWARDERS ENTERPRISE LIMITED
- Court
- Court of First Instance
- Case number
- HCA7812/1991
The court found Sonic had rebutted any prima facie negligence: the driver's actions in following the blue truck and stopping in the vicinity were not negligent or a radical deviation; Sonic was not an agent of NNR and therefore could not derive protection from the HAWB/MAWB limitation clauses; accordingly Shriro's claim failed and the action was dismissed; the defendant's remaining counterclaim, although admitted on the merits, fell within the exclusive jurisdiction of the Small Claims Tribunal and could not be enforced in this court, so the counterclaim was also dismissed here.