13 Dec 1985
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "ADHIGUNA MERANTI" v. THE OWNERS OF THE SHIPS OR VESSELS "ADHIGUNA HARAPAN" AND OTHERS
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "ADHIGUNA MERANTI" v. THE OWNERS OF THE SHIPS OR VESSELS "ADHIGUNA HARAPAN" AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ162/1983
Defendants established Indonesia as a more convenient forum but failed to negate real juridical disadvantages that plaintiffs would suffer if Hong Kong proceedings were stayed: loss of benefit under Merchant Shipping Act s.503 (higher tonnage limitation), loss of taxed costs assessed by the Hong Kong taxing officer, and loss of judge‑determined interest rate. The offered undertakings did not sufficiently and reliably neutralize those disadvantages. Accordingly the stay application was refused. The court also held the governing law of the tort is Taiwan (lex loci delicti) and accepted that Ind…