22 Aug 2006
JIM PAK KIN t/a JIM’S TAI KWONG PLASTIC FACTORY v. LACONIC FREIGHT INTERNATIONAL LTD
- Citation
- JIM PAK KIN t/a JIM’S TAI KWONG PLASTIC FACTORY v. LACONIC FREIGHT INTERNATIONAL LTD
- Court
- District Court
- Case number
- DCCJ4755/2005
The court refused the O.14A determination because the legal questions (incorporation of terms, implied term on delivery against originals, and extension of limitation) were closely intertwined with disputed factual issues (notice, prior course of dealings, trade practice, carrier's post-loss conduct) requiring oral evidence and full trial; accordingly the defendant's summons under O.14A was dismissed and costs were ordered nisi against the defendant.