Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Release of cargo

  • 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.

  • 3 Nov 1999

    MELISSA (HK) LTD v. P & O NEDLLOYD (HK) LTD

    Citation
    MELISSA (HK) LTD v. P & O NEDLLOYD (HK) LTD
    Court
    Court of First Instance
    Case number
    HCA3012/1997

    Plaintiff's action fails because under the CFR/CIF terms title and risk passed on shipment and the plaintiff no longer had proprietary or possessory interest; the bill of lading was non-negotiable and not a document of title; no sufficient proximity or duty of care arose between plaintiff and defendant (agent for carrier) and defendant did not cause the release — accordingly defendant not liable and claim dismissed.