15 Aug 1997
HANG SENG BANK LTD AND ANOTHER v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHERS
- Citation
- HANG SENG BANK LTD AND ANOTHER v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHERS
- Court
- Court of First Instance
- Case number
- HCCL37/1990
The Court found the money consignment was loaded on board but the plaintiffs failed to prove the Article 25 triple requirements against either carrier: Ben Cheng's telex was not shown to be reckless nor did he have subjective knowledge that loss would probably result; there was insufficient evidence that any named or unknown ANZ servants stole the consignment in the course of employment or acted recklessly with knowledge. Consequently both defendants were entitled to rely on the Warsaw Convention liability limit; plaintiffs recover only the limited amount admitted (HK$837) and the remainder o…