15 May 1978
BANK NEGARA INDONESIA v. THE HONG KONG AND KOWLOON WHARF AND GODOWN CO LTD
- Citation
- BANK NEGARA INDONESIA v. THE HONG KONG AND KOWLOON WHARF AND GODOWN CO LTD
- Court
- Court of First Instance
- Case number
- HCA1141/1969
On balance the court found the goods were genuine and valued as per the commercial documents; the defendant released the goods pursuant to a forged endorsement and its servant failed to perform the contractual obligation to compare endorsements with supplied authorised signatures; that failure was a fundamental breach (or deviation) that resulted in total loss and rendered further performance impossible; therefore the defendant could not rely on its exclusion or limitation clauses and was liable to the plaintiff for the full amount claimed with costs.