2 Jul 1993
THE OWNERS OF CARGO LATELY AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MAHKUTAI" (Indonesian flag)
- Citation
- THE OWNERS OF CARGO LATELY AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MAHKUTAI" (Indonesian flag)
- Court
- Court of Appeal
- Case number
- CACV53/1993
Majority held shipowners, being strangers to the Jakarta bill of lading and not named carriers, could not rely on its exclusive jurisdiction clause nor on Himalaya/agency arguments; 'bailment upon terms' was not established on these facts; accordingly the Hong Kong court should deny the stay and allow the cargo‑owners' action to proceed in Hong Kong (CA24/93 allowed). The court also held it had jurisdiction to order delivery up of the bank guarantee and dismissed the cargo‑owners' appeal against that order (CA53/93 dismissed).