Admiralty & Maritime Cases - Hong Kong

Listing by year

A selection of decisions (with links to full text where available)

2007

13 Jul 2007: Carewins Development (China) Limited v Bright Fortune Shipping Ltd [200] HKCA 299
BILLS OF LADING – application of "presentation rule" to straight bills of lading – whether terms of bill exempted carriers from liability for delivery of goods without presentation of bill of lading.

8 Jun 2007: Lucky Days Industrial Co Ltd v Translink Shipping (Hong Kong) Ltd [2007] HKDC 163
Bills of Lading – application to stay proceedings – exclusive jurisdiction – forum non conveniens – application dismissed.

5 Jun 2007: Chan Kwai Ha v Wong Chick Bun [2007] HKCFI 563

30 Apr 2007: Izumo Mokko Co Ltd & Another v TS Lines Ltd [2007] HKDC 133
Security for costs – defendant's application – cargo damage – damage or loss caused by defective packing or perils of the sea – whether the fact that both plaintiffs are foreign corporations is a sufficient reason for the court to order them to provide security for costs – plaintiffs relying on Hong Kong Bill of Rights Ordinance, Cap. 383 – discrimination.

9 Feb 2007: Fong Yau Hei v Gammon Construction Ltd and Others [2007] HKCA 52
NEGLIGENCE - personal injuries claim - limitation of liability - Convention on Limitation of Liability for Maritime Claims 1976, Articles 1, 2(1)(a) and 3(e) - Merchant Shipping (Limitation of ShipOwners Liability) Ordinance, Cap. 434.

2006

21 Dec 2006: Birkart Globistics Ltd v Bomafa Armaturen Ltd [2006] HKDC 451
CONTRACT OF CARRIAGE - freight forwarder - whether contract of freight forwarding was 'to door' - delivery delay - late notification to consignee - delay due to mislaying original bill of lading and necessary customs documentation - repudiation of contract.

22 Nov 2006: The Owners of and / or other persons entitled to sue in respect of the cargo lately laden on board the Ship or Vessel "Golden Georgia" v the Owners and / or Demise Charterers of the Ship or Vessel "Golden Georgia" and the Owners of the sister Ship or Vessel "Golden Elizabeth" [2006] HKCFI 1345
PRACTICE AND PROCEDURE - review of taxation order - discontinuance without leave.

16 Nov 2006: Foshan Sundy Trade co Ltd v Air Sea Transport (HK) Ltd and Anor [2006] HKDC 405
BILLS OF LADING - misdelivery - release of goods without original Bill of Lading - summary judgement application.

16 Oct 2006: Kind Respect Limited v Apex Logistics Limited [2006] HKDC 367
BILLS OF LADING - breach of contract and conversion - straight Bill of Lading - whether goods can be released to consignee without production of original Bill of Lading - Master Bill of Lading - party to Contract of Carriage.

3 Oct 2006: Bold Dragon Services Ltd & Anor v Neway Shipping Ltd t/a Shing Ge Fat Shipyard & Ors [2006] HKCFI 1192
PRACTICE AND PROCEDURE - strike out application - time bar - salvage - where two Vessels engaged in maritime interaction and damage suffered by one Vessel due to the other.

22 Aug 2006: Jim Pak Kin t-a Jim's Tai Kwong Plastic Factory v Laconic Freight International Ltd [2006] HKDC 266
BILLS OF LADING – application under O.14A of the Rules of District Court for determination of points of law – whether terms on reverse side of B/L were incorporated into the contracts of carriage – application dismissed.

4 Aug 2006: The Owners and/or Demise Charterers of the Ship or Vessel "CSAV Tokyo" v the Owners and/or Demise Charterers of the Ship or Vessel "KMTC Hong Kong" [2006] HKCFI 898
COLLISION - liability of defendants – claim time barred – Merchant Shipping (Collision Damage, Liability and Salvage) Ordinance, s 7 – English Maritime Conventions Act 1911 – extension of time upon "good reason".

4 Aug 2006: Zhoushan Xinhong Aquatic Co Ltd and Anor v Sino Trans Ltd and Anor [2006] HKDC 251
BILL OF LADING – cargo damage – application for stay of proceedings in HK on the ground of an alleged binding exclusive jurisdiction clause – onus of proof of the defence to produce bill of lading – failure to produce copy or original of bill of lading.

27 Jul 2006: Carewins Development (China) Ltd v Bright Fortune Shipping Ltd - [2006] HKCFI 860
BILLS OF LADING (straight) – misdelivery of goods – obligation to deliver the goods only against production of bill of lading – exemption of liability - application of exemption and limitation clauses in B/L – Hague-Visby Rules Article III, rule 8 – whether permissible to 'read down' an exemption clause so as not to defeat the main object of the contract of carriage – ambit of term 'discharge' Hague-Visby Rules Articles II and III, rule 2.

19 Jul 2006: Starlight Exports Ltd and Anor v CTO (HK) Ltd [2006] HKCFI 843
BILL OF LADING (order) – wrongful delivery – Standard Conditions – Trade Policy Agreement with FOB (HK or Yian Tien) term defined by Incoterms 2000 – goods sold on "D/P [Document against Payment] AT SIGHT" terms – existence of contract of carriage – passage of property in the goods – time bar – losses.

4 Jul 2006: The Owners of the Ship or Vessel "Eastern Challenger" v the Owners and/or Demise Charterers of the Ship or Vessel "Rithi Bhum" [2006] HKCFI 821
COLLISION – loss of Ship – recording systems onboard – contested discovery application.

21 Jun 2006: The Owners of and / or other persons entitled to sue in respect of the cargo lately laden on board the Ship or Vessel "Golden Georgia" v the Owners and / or Demise Charterers of the Ship or Vessel "Golden Georgia" and the Owners of the sister Ship or Vessel "Golden Elizabeth" [2006] HKCFI 646
ADMIRALTY – action in rem – recovery of pre-action costs relating to the negotiation of security and joint investigation of cargo.

5 Jun 2006: International Transportation Service Inc v the Owners and/or Demise Charterers of the Ship or Vessel "Convenience Container" [2006] HKCFI 553
ADMIRALTY – actions in rem – objection to admiralty jurisdiction in rem – construction of "beneficial OwnerShip" – legal principle applicable to assets of a company upon liquidation.

30 May 2006: Sinom (Hong Kong) Ltd v Swati International [2006] HKCA 198
MAREVA INJUNCTION – appeal from Sinom ( Hong Kong) Limited v Swati International [2005] HKCFI 962 (29 October 2005) – injunction to remain until trial.

15 May 2006: The Owners and/or Other Persons Entitled to Sue in Respect of Cargo Lately Laden on Board the Ship or Vessel "Yaoki" v the Owners and/or Demise Charterers of the Ship or Vessel "Yaoki" and the Ships or Vessels listed in Schedule hereto [2006] HKCFI 479
STAY OF PROCEEDINGS – stay of HK proceedings on the ground of an arbitration clause in bill of lading – bill of lading referred to two charterparties – relevant charterparty – time charter on Shelltime 4 form with cl 61 London Arbitration clause – voyage charter with exclusive jurisdiction clause.

10 May 2006: ELAZ International Co v Hong Kong & Shanghai Insurance Co Ltd [2006] HKICFI 469
MARINE INSURANCE – plaintiff successfully sued insurer for its refusal to pay the plaintiff's claim – plaintiff established that at the time of theft the goods were 'in the ordinary course of transit' – 'subject to full container load' clause is not a warranty that there never can be transShipment between containers.

20 Mar 2006: World Fuel Services ( Singapore) Pte Ltd v the Owners of the Ship or Vessel 'MV Liberty Container' [2006] HKCA 153
Application to appeal from World Fuel Services (Singapore) Pte Ltd T/A Trans-Tec Asia V. the Owners of the Ship or Vessel "M.V. Liberty Container" [2005] HKCFI 579 (13 September 2005) – application dismissed.

15 Mar 2006: Star Cruises (HK) Ltd v Tung Ho Wah [2006] HKDC 61
STAY OF PROCEEDINGS – personal injury – exclusive jurisdiction clause incorporated in contract of carriage – clause not unconscionable – stay refused as witnesses were in HK and the trial could be conducted with less inconvenience and expense in HK.

7 Mar 2006: Taxfield Shipping Ltd v Asiana Marine Inc [2006] HKCFI 271
CHARTERPARTY (Voyage) – GENCON Form 1994 – order for sale of perishable or deteriorating property.

17 Feb 2006: Bank of China (Hong Kong) Ltd v the Owners of the Dumb Steel Lighter or Vessel 'Capital No. 33'[2006] HKCFI 176
ACTION IN REM – quantum of costs – reasonable costs of intervention – costs incurred for equipment – loss of profit.

9 Feb 2006: Nomadic Collections Ltd and Others v China Distribution Container Lines and Others [2006] HKCFI 165
BILL OF LADING – cargo damage –water damage – defence did not present a triable issue – summary judgment granted.

17 Jan 2006: Fong Yau Hei v Gammon Construction Ltd and Others [2006] HKCFI 58
NEGLIGENCE – personal injury – limitation of liability – Convention on Limitation of Liability for Maritime Claims 1976.

2005

29 Oct 2005: Sinom (Hong Kong) Ltd v Swati International [2005] HKCFI 962
PRACTICE AND PROCEDURE – Mareva injunction – defendant served outside jurisdiction – material non-disclosure – merits of the case – risk of dissipation.

21 Oct 2005: Long Ford Garment Ltd v JAS Forwarding ( Hong Kong) Ltd [2005] HKCA 395
CARRIAGE OF GOODS – loss of goods – bill of lading conditions clause identified defendant as carrier – identity of contracting party and proper defendant.

5 Oct 2005: Vastfame Camera Ltd v Birkart Globistics Ltd and Others [2005] HKCFI 849
BILL OF LADING (through-bill) – misdelivered goods – goods released to buyer without production of bill of lading – whether bill of lading ('to order') created contract of carriage – whether exclusion clause and limitation provisions effective.

13 Sep 2005: World Fuel Services ( Singapore) Pte Ltd trading as Trans-Tec Asia v the Owners of the Ship or Vessel 'M.V. Liberty Container' & Florens Container Inc (Interveners) [2005] HKCFI 799
ADMIRALTY – action in rem – non-party costs – interveners – 'loser pays' principle.

30 Jun 2005: Wedge Marine Ltd v Oriental Union Holdings Ltd & Others [2005] HKCFI 500
CHARTERPARTY (time) – amended NYPE form – alleged guarantee of charterer's payments – decision on the documents – charterer failed to pay hire – charterer gave bills of lading for ports outside charterparty – repudiation – discussion of breach of authority.

20 Jun 2005: Ascoba Company Limited v Safco International Freight Corporation & Others [2005] HKDC 78
CARRIAGE OF GOODS – bill of lading – whether defendant was principal or agent – time bar – Hague-Visby Rules, Articles IV(5)(a) & III 3.8.

9 May 2005: Indian Overseas Bank v the Owners and/or Demise Charterers of the Ship or Vessel 'Oriental Lily' and the 12 Ships or Vessels Listed in Schedule Hereto [2005] HKCFI 338
PRACTICE AND PROCEDURE – application for renewal of writ where writ had not been served – reasonable steps to effect service – plaintiff must take reasonable steps to effect service – presence of sister Ships within jurisdiction for periods of 12-24 hours was sufficient opportunity – application dismissed.

18 Mar 2005: HKSAR v Yeung Wui & Others [2005] HKCA 104
SENTENCING – assisting the passage within Hong Kong of unauthorised entrants – failing to stop, regulations 20(1) and 20(3) of the Shipping and Port Control Regulations, Cap. 313A – endangering the safety of others at sea, s. 72 of the Shipping and Port Control Ordinance, Cap. 313 – handling stolen goods.

2004

28 Apr 2004: Rudolf A. Oetker KG v the Owners and/or Demise Charterers of the Ship or Vessel 'Convenience Container' [2004] HKCFI 170
COSTS - security for costs.

31 Mar 2004: CDC Finance & Leasing Corporation and Another v the Owners and/or Demise Charterers of the Vessel MV 'Convenience Container' [2004] HKCFI 174
ADMIRALTY – in rem jurisdiction – validity of mortgages.

31 Mar 2004: Evergreen Marine Corp (Taiwan) Ltd v Luk Chi Yick t/a First Grand Enterprise Co [2004] HKCFI 351
Application for summary judgment - releasee of goods without production of bills of lading - letters of guarantee.

24 Mar 2004: Secretary for Justice v the Hong Kong & Yaumati Ferry Co Ltd & Another [2004] HKCFI 148
PROCEDURE – application for further and better particulars – dispute arising redevelopment of ferry piers.

9 Mar 2004: Society for Protection of the Harbour Ltd v Chief Executive in Council and Others [2004] HKCFI 29
JUDICIAL REVIEW – review of decision of Chief Executive in Council to reclaim certain areas of Hong Kong Harbour under s.8 of the Foreshore and Sea-bed (Reclamations) Ordinance, Cap.127 – whether Chief Executive obliged to refer plans for works to Town Planning Board – whether decision to continue was reasonable in light of the Protection of the Harbour Ordinance – Protection of the Harbour Ordinance, Cap.531, s 3 – Town Planning Ordinance, Cap.131, s 12.

2 Mar 2004: Jingjin Shipping Co Ltd v the Owners of the Ship or Vessel 'Tian Xiang 2 Hao' (PRC FLAG) and Another [2004] HKCA 116
COSTS - acknowledgement of service - OwnerShip of Vessel.

2003

6 Nov 2003: Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2003] HKCFI 1016
leave to appeal costs

15 Oct 2003: Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2003] HKCFI 49
costs

8 Oct 2003: Jingjin Shipping Co Ltd v the Owners of the Ship or Vessel 'Tian Xiang 2 Hao' (PRC FLAG) and another [2003] HKCFI 804
acknowledgement of service, OwnerShip of Vessel

17 Jul 2003: Kwok Chor Shan v Empire Properties Development Consultants Ltd [2003] HKDC 103
collision, damage to cargo, appeal from discovery order

25 Jun 2003: The Delta Pia [2003] HKCFI 540
application by new Owners of Vessel to set aside arrest and urgent release of Vessel

13 May 2003: Re the Transward No. 27 [2003] HKCFI 78
security for costs

29 Apr 2003: The Delta Pia- [2003] HKCFI 60
interveners (new Owners of Vessel) application for gross sum assessment, interveners motion to set aside arrest

2002

20 Nov 2002: Wong Kin Chung Michael v Fenban Shipping Co Ltd and Others [2002] HKCFI 1012
damages, personal injury unloading containers on Ship

6 Nov 2002: The Blue Bridge [2002] HKCFI 776
costs, gross sum assessment.

29 Oct 2002: The Blue Bridge [2002] HKCFI 978
jurisdiction in rem.

9 Oct 2002: Zhu Ruanda and Another v the Owners of the Ship or Vessel M.V. 'Tai Shan' [2002] HKCFI 684
jurisdiction in rem

20 Sep 2002: Kase Shipping & Enterprises Ltd & Others v China Sea Marine Ltd [2002] HKCFI 926
loss of Shipping containers.

1 Aug 2002: The Magway [2002] HKCFI 635
costs appeal, collision.

1 Aug 2002: Re the Yuan Tong No. 6 [2002] HKCFI 766
application for warrant of arrest

29 Jul 2002: Maritime Delivery Inc v the Owner of the Ship or Vessel 'Kitty 1' (Licence No. 10285) [2002] HKCFI 613
application for summary judgment, contract of sale of Vessel.

25 Jul 2002: Madison International Ltd v Fong Ting Bor t/a Hung Fat Trading Co [2002] HKCFI 1168
Shipment of goods, goods confiscated by customs, no breach of contract, not a bailee.

9 Jul 2002: Yang Ming Marine Transport Corporation and Another v the Owners and/or Demise Charterers of the Ship or Vessel 'Dong Yun 419' [2002] HKCFI 598
application for sale of Vessel under arrest while case is pending because it is a wasting asset

28 Jun 2002: Donghwa Leasing Co v the Owners and/or Demise Charterers of the Ship ' Halla Liberty' [2002] HKCFI 1144
priority in proceeds of sale of Vessel, interveners, security for costs.

12 Jun 2002: HBZ Finance Ltd v Nippon Yusen Kaisha [2002] HKCA 377
exclusive jurisdiction clause in bill of lading.

14 May 2002: Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2002] HKCFI 73
application to set aside registration of Malaya judgment on action in rem for outstanding wages and termination compensation of worker on Ship.

16 Apr 2002: Elf Lubricants Hong Kong Ltd v the Owners and/or Demise Charterers of the Ship or Vessel 'Hai Nan No. 1' and the Owners of the Ship or Vessel 'He Fa' [2002] HKCA 129
admiralty action in rem, security for costs.

22 Mar 2002: The 'Wen Zhou Hai' [2002] HKCFI 18
application to exclude the admiralty judge for a strike out application

2001

30 Oct 2001: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Almerinda' v the Owners and/or Demise Charterers of the Ship or Vessel 'Almerinda' [2001] HKCFA 26
procedure, amendment of statement of claim, time-bar, Article III rule 6 Hague-Visby Rules.

6 Dec 2001: Agfa Hong Kong Ltd and Another v Faith & Safe Transportation Ltd [2001] HKCFI 432
application to release container, parties agree

31 Jul 2001: Center Optical (Hong Kong) Ltd v Jardine Transport Services (China) Ltd [2001] HKCFI 45
Exporter claims against freight forwarder for goods released without production of original bills of lading, locus, mitigation of loss, proof of loss, ambit of liability under bills of lading – 'port to port' Shipment clause, package limitation

9 Apr 2001: Cheery Hua (H.K.) Ltd v the Owners and/or Demise Charterers of the Ships or Vessels 'Sun On T1' and 'Sun On T3' [2001] HKCFI 294
assessment of damages, barge capsized, salvage and towage, repairs

31 Jan 2001: Donghwa Leasing Co v the Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2001] HKCFI 134
application for specific discovery

26 Apr 2001: Francine Louise Collins v the Star Ferry Co Ltd [2001] HKCFI 1206
personal injury on a ferry

19 Jul 2001: Habib Finance International Ltd v APL Co Pte Ltd and Others [2001] HKCFI 51
effect of stamp clauses on exclusive law and jurisdiction clause in bill of lading, whether enough evidence that stay should not be ordered notwithstanding exclusive jurisdiction clause

24 Sep 2001: HBZ Finance Ltd v Nippon Yusen Kaisha [2001] HKCFI 99
exclusive jurisdiction clause in bill of lading

10 Jul 2001: Landpac Compaction Hong Kong Ltd and Others v Sinotrans (HK) Shipping Ltd and Others [2001] HKCFI 765
costs

16 Oct 2001: Marlene Susanne Courbet v Mandarin Divers Marine Services Ltd and Others [2001] HKCFI 478

6 Aug 2001: Russo Orient Shipping Co Ltd v the Owners and/or Demise Charterers if the Vessel 'Kuzma Gnidash' and the Vessels listed in the Attached Schedule [2001] HKCFI 1863

4 Oct 2001: Star Plus Ltd v Borneo Maritime Ltd [2001] HKCFI 93
leave to amend defence, misdelivery of goods
admiralty in rem jurisdiction of High Court

13 Mar 2001: The Almerinda [2001] HKCA 428
procedure, amendment of statement of claim, time-bar, Article III rule 6 Hague-Visby Rules

18 Sep 2001: The Almerinda [2001] HKCA 427
leave to appeal

14 Jun 2001: The Halla Liberty (South Korean flag) [2001] HKCFI 879
costs

28 Mar 2001: The Jian She 33 [2001] HKCFI 579
misdelivery of cargoes, distinction between action in rem against owner and Demise charterer, construction of caveat against arrest

30 Oct 2001: The Owners of the Cargo Lately Laden on Board the Ship or Vessel 'Almerinda' v the Owners and/or Demise Charterers of the Ship or Vessel 'Almerinda' [2001] HKCFA 26
leave to appeal denied

11 Dec 2001: The Tai Yang He [2001] HKCFI 1257
identity of Ship

5 Jul 2001: The Tai Yang He [2001] HKCFI 903
application for default judgment and payment out of sums now in court

31 Jul 2001: Trane Co and Others v Hanjin Shipping Co Ltd and Others [2001] HKCFI 46
limitation of liability for damaged cargo, construction of bill of lading, whether US COGSA incorporated

9 May 2001: Trang Seafood Products Co Ltd and Another v Sea-Land Service Inc [2001] HKCFI 1215
damage to cargo, procedure

2000

12 Dec 2000: Dongwha Leasing Co v the Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2000] HKCFI 298
application to stay action in rem in favour of ongoing arbitration in Korea

8 Dec 2000: The Almerinda [2000] HKCFI 1183
costs

30 Nov 2000: Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 197
delivery of bills of lading

30 Oct 2000: The Almerinda [2000] HKCFI 79
seawater damage to cargo, procedure

25 Oct 2000: Pacific Bridge Services Ltd v Wide Tech Shipping Ltd [2000] HKCFI 1494
applications to transfer to other courts

21 Sep 2000: Corporation Nacional del Cobre de Chile and Others v the Owners and/or Demise Charterers of the Barge or Vessel 'Tung Shing No. 8' [2000] HKCFI 1391
application for sale of Vessel under arrest

12 Sep 2000: Kerry Foodstuffs Co Ltd v Phulsawat Naval Co Ltd and Others [2000] HKCFI 56
conversion, breach of charterparty, negligence

6 Sep 2000: Trafigura Beheer BV Amsterdam v China Navigation Co Ltd [2000] HKCFI 1374
misdelivery and consequent confiscation of goods, who bears the loss

27 Jul 2000: The Sparti [2000] HKCFI 1339
crew wages rank higher in priority than mortgagee, whether an assignee by contract of assignment can have the same priority as crew against mortgagee

14 Jul 2000: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Brij' v the Owners and/or Demise Charterers of the Ship or Vessel 'Brij' [2000] HKCFI 1316

12 Jul 2000: The Tian Sheng No. 8 (Owner of the Ship) v Owners of Cargo [2000] HKCFA 105
extension of time to set aside warrant of arrest and return bail bond, Rules of the High Court

3 Jul 2000: The Fook Hing [2000] HKCFI 438
application for sale of small craft under arrest

23 Jun 2000: The Owners of a Cargo Lately Laden on Board the Ship or Vessel 'Asia Star' v the Owners and/or Demise Charterers of the Ship or Vessel 'Asia Star' [2000] HKCFI 418

31 May 2000: Pramod Victor Simon and Others v the Owners and/or Demise Charterers of the Ship or Vessel 'Hero II' (Panamanian Flag) [2000] HKCFI 753
application for release of Vessel, caveat against release

6 May 2000: The Magway [2000] HKCFI 733
costs, collision

5 May 2000: The Magway [2000] HKCFI 734
collision

29 Mar 2000: Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 291
application for final judgment

20 Mar 2000: Naftomar Shipping and Trading Co Ltd Inc v Guandong Development Bank [2000] HKCFI 1128
jurisdiction, forum non conveniens

1 Mar 2000: King Shing Enterprises Ltd v Shuttle Cargo International (HK) Ltd and Others [2000] HKCFI 267
exclusive jurisdiction clause

27 Jan 2000: Consolidated Projects Ltd v the Owners of the Tug 'De Ping' [2000] HKCFI 1031
costs

26 Jan 2000: Tian Sheng No. 8 [2000] HKCA 273
in rem jurisdiction, right of appeal

10 Jan 2000: Consolidated Projects Ltd v the Owners of the Tug 'De Ping' [2000] HKCFI 569
towage contract, tug engine trouble, salvage contract, application for inspection order

1999

9 Dec 1999: The Kuzma Gnidash [1999] HKCFI 101
costs

22 Nov 1999: Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [1999] HKCFI 92
forum non conveniens

12 Nov 1999: The Tian Sheng No. 8 [1999] HKCA 341
in rem jurisdiction, Rules of the High Court

12 Nov 1999: The J Faster [1999] HKCFI 365
costs

22 Oct 1999: The Halla Liberty (South Korean flag) [1999] HKCFI 1185
jurisdiction, whether necessary to have separate writs for separate Ships, beneficial OwnerShip, choice of law

14 Oct 1999: The J Faster [1999] HKCFI 652
charterer's agents ordered cargo handling services from plaintiff, liability of Ship Owners, material non-disclosure in obtaining order for warrant of arrest

28 Jun 1999: SK Global Asia-Pacific Pte Ltd and Another v the Owners and/or Demise Charterers of the Ship 'Al Dhhabiyyah' and Other - [1999] HKCFI 424
plaintiff's application for temporary stay of proceedings the plaintiff initiated himself pending proceedings in Singapore

24 May 1999: China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 693
security for costs, supplying details of place of incorporation registration and address, service out of jurisdiction

10 May 1999: The Owners of and/or other persons entitled to sue in respect of the Cargo Lately Laden on Board the Ship or Vessel 'Ji Hua' v the Owners and/or Demise Charterers of the Ship or Vessel 'Ji Hua' [1999] HKCFI 927
wrongful co-mingling of cargoes, defences, damages

26 Apr 1999: China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 655
security for costs, supplying details of place of incorporation registration and address

22 Apr 1999: Win's Marine Trading Co v Wan Hai Lines (HK) Ltd [1999] HKCFI 1037
procedure, application to join defendant, goods wrongfully released on production of forged release documents, time-bar in bill of lading

7 Apr 1999: The Owners or Pilot Boat 'Harbour 23' v the Owners and/or Demise Charterers of the Ship 'Peng Yun 211' [1999] HKCFI 926
application to add bareboat Charterers as plaintiff and dispense with service of amended writ on the boat, collision

15 Feb 1999: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Tian Sheng No. 8' v the Owners and/or Demise Charterers of the Ship or Vessel 'Tian Sheng No. 8' now Named 'Resource 1' and the Owners of the Ship or Vessel 'Tian Sheng No. 1' [1999] HKCFI 928
out of time to set aside proceedings Rules of the High Court, in rem jurisdiction, OwnerShip of Vessel

11 Feb 1999: Brody Ltd and Another v Chu Kong Shipping Enterprises (Holdings) Co Ltd and Another [1999] HKCFI 182
application for strike-out of defence, misdelivery of goods on presentation of other than the proper bill of lading

1998

21 Dec 1998: The Halla Liberty [1998] HKCFI 827
leave to appeal on costs

20 Nov 1998: Hanjin Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI 403
stay of proceedings, application for dead freight, demurrage and damages for detention under charterparty, identity of charterer disputed

13 Nov 1998: Artbrand Ltd and Another v Interoceans Lines Ltd and Another [1998] HKCFI 776
application to set aside judgment in default of defence, agency, perils of the sea

9 Nov 1998: Profit Country Enterprises Ltd v Sea-Land Service Inc and Another [1998] HKCFI 298
limitation decree in Guangzhou Maritime Court, stay of proceedings

5 Nov 1998: Bewise Motors Co Ltd v Hoi Kong Container Services Ltd [1998] HKCFA 23
Loss of goods, exclusion clause, limitation of liability, Himalaya clause, bailment

26 Oct 1998: Thong Soon Maritime Pte Ltd v Jutha Maritime PLC [1998] HKCFI 988
decree limiting liability, Rules of the High Court

22 Oct 1998: Trafalgar House Construction (Asia) Ltd and Another v the Owners and/or Demise Charterers of MV 'Thorscan' (Netherlands Antilles Flag) [1998] HKCA 420
exclusive law and jurisdiction clause

28 Sep 1998: Kerry Foodstuffs Co Ltd v Phulsawat Navy Co Ltd and Others [1998] HKCFI 1000
Shipment of goods, conversion, delay in proceedings

18 Aug 1998: Leviathan Shipping Co Ltd v Sky Sailing Overseas Co Ltd [1998] HKCFI 549
Vessel arrested twice for breach of sub-voyage charter and payment of port charges, application to set aside order to provide security for release of Vessel and Mareva injunction, material non-disclosure and arbitration clause in charterparty

4 Aug 1998: Focal Finance Ltd v the Owners and/or Demise Charterers of the Ship or Vessel 'Dragon Sunrise' - [1998] HKCFI 498
whether services were salvage or towage, priority of salvage and mortgagee

28 Jul 1998: Man on Knitting Factory v Bayswater Marine Ltd [1998] HKCA 382
damaged cargo, leave to serve out of jurisdiction

24 Jul 1998: The Halla Liberty (South Korean flag) [1998] HKCFI 402
application to stay action in rem in favour of ongoing arbitration in Korea

23 Jul 1998: The Tat Yau No. 8 [1998] HKCFI 881
costs

17 Jul 1998: The Owners of the Ship or Vessel 'Zhong Hang Yau No. 1' and Another v the Owners and/or Demise Charterers of the Ship or Vessel 'Dragon No. 1' [1998] HKCFI 902
jurisdiction to grant warrant of arrest where no writ in rem issued, whether court should use discretion to grant second warrant if first warrant set aside

13 Jun 1998: The Tat Yau 8 [1998] HKCFI 429
containers stolen from barge, actions in rem and in personam, bail bonds, material non-disclosure

1 Apr 1998: Hanjin Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI 738
Mareva injunction and ancillary orders, application for dead freight, demurrage and damages for detention under charterparty, identity of charterer disputed

12 Feb 1998: The Owners and/or those entitled to sue in respect of a Cargo Lately Laden on Board the Ship or Vessel 'Sargodha' v the Owners of the Ship or Vessel 'Sargodha' and other Ships or Vessels Listed in Schedule A Annexed Hereto and Another [1998] HKCFI 903
exclusive jurisdiction clause, forum non conveniens

24 Jan 1998: E & W Shipping Agencies Ltd t/a Wing Lee Shipping Co v the Owners and/or Demise Charterers of the Ships or Vessels 'Chen Da 513' 'Chen Da 518' and 'Xing Ye 9' [1998] HKCFI 497
Rules of the Supreme Court, service of a 'sealed copy' of the writ rather than the 'original writ' is acceptable

16 Jan 1998: Trang Seafood Products Co Ltd and Another v Sea-Land Services Inc [1998] HKCFI 901
jurisdiction, forum non conveniens

1997

9 Dec 1997: Dalmor Shipping Co Ltd v Kan's Maritime Corporation [1997] HKCFI 305
admiralty jurisdiction to arrest Ship not affected by stay of proceedings for arbitration

12 Nov 1997: Kawanishi Shippign Service (HK) Ltd v Metro Consolidators Ltd and Others [1997] HKCFI 314
preliminary issues

7 Nov 1997: The Owners of Cargo Lately Laden on Boeard the Ship or Vessel 'Murter' v the Owners and/or Demise Charterers of the Ship or Vessel 'Murter' H [1997] HKCFI 300
procedure, misdelivery of goods, goods given to customs which released goods without production of original bill of lading

3 Nov 1997: Lam Po Yuk and Another v Mercury Shipping Co Ltd (in liquidation) [1997] HKCFI 766
fatal accidents compensation, industrial accident on Ship

1 Nov 1997: Shanghai Shipyard, Puxi Branch v the Owners and/or Demise Charterers of the Ship or Vessel 'Dragon Supreme' [1997] HKCFI 579
issue of warrant for arrest is a discretionary remedy, statutory requirements must be fulfilled

9 Oct 1997: The Owners and/or Those Entitled to Sue in Respect of a Cargo or Vessel 'Goodeast' v the Owners and/or Demise Charterers of the Ship or Vessel 'Goodeast' [1997] HKCFI 303
order for inspection of Vessel, full evidence and information

3 Oct 1997: Daewoo Hong Kong Ltd v Mana Maritime Inc and Others [1997] HKCFI 594
authority to issue 'switch' bills of lading, whether rights under bill of lading transferred from Shipper to holder under Bills of Lading and Analogous Shipping Documents Ordinance, forum non conveniens

3 Oct 1997: The Owners and/or Those Entitled to Sue in Respect of a Cargo Lately Laden on Board the Ship or Vessel 'Goodeast ' v the Owners and/or Demise Charterers of the Ship or Vessel 'Goodeast' [1997] HKCFI 304
order for inspection of Vessel, unseaworthiness, bill of lading issue

19 Sep 1997: Belgian Overseas Chartering and Shipping NV and Another v Sunkonao Co Ltd [1997] HKCFI 421
parties to contract of carriage

12 Aug 1997: Aker Invest AS v the Owners of the Ship 'Saga Sea' [1997] HKCFI 302
request by plaintiff to sell Vessel by public auction denied, sale by public tender

6 Jun 1997: Astrofiel Armadora SA v the Owners of the Ship 'Chong Bong' [1997] HKCFI 306
whether admiralty jurisdiction in rem can be invoked to enforce arbitration award, person liable in personam under award not charterer of Vessel, extension of admiralty writ in rem

9 May 1997: China Ocean Shipping Co and Another v Paradragon Ltd and Another [1997] HKCFI 71
fire on Ship, claim by Ship Owners against Shippers of the container, claim by cargo Owners against Ship Owners and Shippers

11 Mar 1997: The Owners of the Ship 'Kapitan Shvetsov v the Owners and/or Demise Charterers of the Ship 'Nanta Bhum' [1997] HKCA 560
jurisdiction, the natural forum

28 Feb 1997: Computronics International v Piff Shipping Ltd [1997] HKCA 480
inordinate delay, limitation period

21 Feb 1997: The Owners of the Ship 'Kapitan Shvetsov' v the Owners and/or Demise Charterers of the Ship 'Nanta Bhum' [1997] HKCA 656
leave to appeal to Privy Council

16 Jan 1997: Astrofiel Armadora SA v the Owners of the Ship or Vessel 'Baek Ma Kang' (DPRK flag) and Others[1997] HKCA 553
order for renewal of writ

7 Jan 1997: Charalambos Petsakos and Others v the Owner and/or Demise Charterers of the Ship or Vessel 'Gagich' also known as 'Helsinki' and Another [1997] HKCFI 777
payment of crew wages

1996

6 Feb 1996: Kanematsu (Hong Kong) Limited v Multi-Link Limited [1996] HKCFI 465
failure to deliver cargo to holder of bill of lading, no consent to deliver to eventual purchaser of cargo

6 Feb 1996: The Owners of the Ship 'Kafur Mamedov' v the Owners and/or Demise Charterers of the Ship 'Goldpath' [1996] HKCFI 719
extension of time s 8 of the Maritime Conventions Act 1911

12 Jul 1996: The Owners of the Ship 'Kafur Mamedov' v the Owners and/or Demise Charterers of the Ship 'Goldpath' [1996] HKCA 633
'action' in s 8 of the Maritime Conventions Act 1911 includes counterclaims, limitation period

17 Oct 1996: The Owners of the Ship 'Kapitan Shvetsov' v the Owners and/or Demised Charterers of the Ship 'Nanta Bhum' [1996] HKCFI 718
Collision, action in rem, forum non conveniens, actions in Singapore and Hong Kong, limitation of liability, Convention on Limitation of Liability for Maritime Claims 1976

8 Nov 1996: Liu Ah Sai v Yiu Lian Dockyards Ltd [1996] HKCA 244
workers' compensation

1995

24 Feb 1995: Banque Worms v the Maule (the Owners of) [1995] HKCA 537
mortgage of Ship, admiralty action in rem, right of sale on default

30 Mar 1995: The Owners of the Ship or Vessel 'Lady Muriel' v Transorient Shipping Ltd [1995] HKCA 615
stay of order to allow Charterers to inspect Vessel, arbitration outside Hong Kong, whether order was 'an interim measure of protection'

6 Apr 1995: Jiangxi Provincial Metal and Minerals Import and Export Corporation v Sunlanser Co Ltd [1995] HKCFI 449
enforcement of arbitration

6 Jul 1995: Hecny Shipping Limited v Wily Products Company Limited [1995] HKCA 593
Cargo lost by carrier, assessment of damages, limitation of liability, Hague-Visby Rules Article 4(5)(c)

11 Jul 1995: Banque Worms v the Owners of the Ship or Vessel 'Maule' (Cyprus flag) (formerly known as 'Amer Deep') [1995] HKCA 536
when damages are available for wrongful arrest of a Ship

11 Jul 1995: China Ocean Shipping Co v Mitrans Shipping Co Ltd [1995] HKCA 604
rights and obligations under charterparties, lifting the corporate veil

6 Sep 1995: Kara Mara Shipping Company Ltd v World Tanker Carriers Corporation and Another [1995] HKCFI 281
collision, forum non conveniens, anti-suit injunction

12 Sep 1995: The Nedlloyd Colombo (Owners of Cargo) v South African Marine Corporation Ltd [1995] HKCA 590
leave to appeal to Her Majesty in Council

27 Oct 1995: Shkotovo (Owners of Cargo) v Shkotovo (Owners) [1995] HKCFI 440
cargo damaged and short delivered due to contamination, assessment of damages, mitigation of damage

1994

6 Jan 1994: Korea Sonbak Shipping Company v Charter harvest Shipping Limited [1994] HKCFI 172
failure to file defence in time, claim for demurrage and breach of implied term in charterparty

11 Jan 1994: Cosmo Sea Freight (HK) Ltd v Gold King Consolidator Ltd [1994] HKCFI 28
costs, damaged freight

25 Feb 1994: Toiko Marine & Fire Insurance Co Ltd v Ace Protrans Forwarding Ltd [1994] HKCFI 334
assignee of carrier suing agent of carrier (freight forwarder) in relation to cargo, authority to issue bills of lading

22 Feb 1994: Victory Star Shipping Company SA v the Owners and all those interested in the Ship 'Amigo' and World Happy Shipping Limited [1994] HKCFI 133
direction for assessment of damages as a result of wrongful arrest

28 Jun 1994: The Owners of Cargo lately Laden on Board the 'C.R. Pointe Noire' v the Owners of the Ship 'C.R. Pointe Noire' and Another [1994] HKCFI 338
delay, whether insurance company a party to proceedings

29 Jul 1994: Dongnama Shipping Co Limited v Owners of the Ship or Vessel 'Alacrity' [1994] HKCFI 134
application for release of Vessel

29 Jul 1994: Oceanlink Ltd v the Rung Ra Do (Owners of the Ship) [1994] HKCFI 347
jurisdiction, beneficial OwnerShip, North Korean law

9 Sep 1994: The World Wood (Owners of Cargo) v the World Wood (Owners of the Ship) [1994] HKCFI 228
Action in rem, damage to cargo, salvage, application to stay in favour of Singapore proceedings, forum non conveniens, limitation of liability

9 Sep 1994: The World Wood (Owners of Cargo) v the World Wood (Owners of the Ship) [1994] HKCFI 229
forum non conveniens

21 Dec 1994: The Owners of Cargo lately laden on board the Ship or Vessel 'Kyriakos M' v. the Owners and/or Demise Charterers of the Ship or Vessel 'Kyriakos M' [1994] HKCFI 332
application for variation of order, discrepancies between bill of lading and mate's receipts, application for security, application to reduce amount of security, application to lift caveat preventing release from arrest

23 Dec 1994: The Owners of the Ship or Vessel 'Ming Ho' v the Owners and/or Demise Charterers of the Ship or Vessel 'New Hailong' [1994] HKCFI 321
collision, forum non conveniens

23 Dec 1994: Taitexma Enterprise Corporation v Tillemont Shipping Corporation SA and Another [1994] HKCA 410
no good arguable case of failure to make Vessel seaworthy or taking all reasonable steps to preserve cargo

23 Dec 1994: Tillemont Shipping Corporation SA v Reward Wool Industry Corporation and Others [1994] HKCA 309
Mareva injunction, whether good arguable case of failing to make Vessel seaworthy or taking all reasonable steps to preserve cargo under Hague Rules

1993

18 Jan 1993: The Planeta (Owners of Cargo) v the Planeta (Owners of the Ship) [1993] HKCFI 106
forum non conveniens

17 Feb 1993: William Co. v Chu Kong Agency Co. Ltd. and Another [1993] HKCFI 215
agreement to arbitrate in bill of lading, exclusive jurisdiction clause, forum non conveniens

10 Mar 1993: Chan Lai Ying v Li Fo Mui and Another [1993] HKCFI 246
collision, damages for negligent navigation

16 Jun 1993: China Light & Power Co Ltd v Leung For-Wa and Others [1993] HKCFI 238
barge towed by tug, damage to submarine cable

2 Jul 1993: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Mahkutai' and Another v the Owners and/or Demise Charterers of the Ship of Vessel 'Mahkutai' (Indonesian flag) [1993] HKCA 284
exclusive jurisdiction

20 Jul 1993: Taitexma Enterprise Corporation v Tillemont Shipping Corporation SA and Another [1993] HKCA 298

6 Oct 1993: Safond Shipping SDN BH v East Asia Sawmill Corp [1993] HKCFI 151
costs on indemnity basis, breach of contractual obligation to arbitrate

1992

30 Jan 1992: Cheung Moon Chee v the Commissioner of Police and Another [1992] HKCFI 274
collision involving police launch, Crown Proceedings Ordinance, no liability on Crown in respect of any Ship, dock or harbour owned by the Crown

30 Jan 1992: The Owners of Cargo lately Laden on Board the Ship 'Dong Do' v the Owners and/or Demise Charterers of the Ships 'Dong Do', 'Ba Dinh' and 'Hanoi 1' [1992] HKCA 227
construction of bills of lading

29 Jan 1992: The Owners of Cargo Lately Laden on Board the Ship 'Nedlloyd Nassau' v the Owners of the Ship 'Nedlloyd Nassau' and the Owners of the Ships Listed in the Schedule to the Statement of Claim [1992] HKCA 247
indemnity and costs, goods delivered without production of bills of lading

9 Mar 1992: Hong Kong United Dockyards Ltd v the Demise Charterers of the Ship or Vessel MV 'Sea Empire' formerly MV 'Trident Endeavour' (Barain flag) [1992] HKCFI 48
whether Charterers were still Demise Charterers at time of issue of writs, termination of Demise charterparty, assertion of right to withdraw Vessel

10 Apr 1992: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'K.H. Enterprise' v the Owners of the Ship or Vessel ' Pioneer Container' [1992] HKCA 308
whether cargo Owners not party to bills of lading bound by exclusive jurisdiction clause

30 Apr 1992: Ming Kee Shipping Service Co Ltd v Autogain Ltd and Another [1992] HKCFI 118

30 Apr 1992: The Owners of Cargo lately Laden on Board the Ship or Vessel 'Trust' v the Owners and/or Demise Charterers of the Ship or Vessel 'Trust' [1992] HKCA 242
warrant of arrest

12 May 1992: The 'President Polk' [1992] HKCFI 50
forum non conveniens

4 Jun 1992: Green Island Cement Co Ltd v the Owners of the Ship or Vessel 'Sunshine Island' and Another [1992] HKCFI 28
damages, Ship collided with pier

4 Jun 1992: Wong Hing Faat v the Hong Kong and Yaumati Ferry Co Ltd [1992] HKCFI 314
appeal from leave to re-amend defence, accident on ferry, limitation of liability, Merchant Shipping Act 1894

17 Jun 1992: The 'Inchon Glory' [1992] HKCFI 147
collision, inspection of Vessel and cargo and documents, indemnity for salvage claim

8 Sep 1992: Hissan Trading Co Ltd v Orkin Shipping Corporation (a Body Corporate) [1992] HKCFI 286
cargo claim where Vessel has sunk, exclusive jurisdiction clause, forum non conveniens, Mareva injunction

16 Sep 1992: The Owners of Cargo lately Laden on Board the Ship 'Dong Do' v the Owners and/or Demise Charterers of the Ships 'Dong Do'. 'Ba Dinh' and 'Hanoi 1' - [1992] HKCA 226
construction of bills of lading

9 Dec 1992: Compania Chilean de Navegacion Interoceanica SAA v the Owners and/or Demise Charterrs of the Ship or Vessel 'Seaspac 1' [1992] HKCA 216
appeal from order to release to the defendants security given to release Vessel from arrest

31 Dec 1992: The 'Riau' [1992] HKCFI 49
procedure, application to amend to add claims of deceit or negligent misrepresentation to ordinary cargo claim for breach of duty or contract, discrepancy between quantity of timber loaded and quantity stated in bill of lading

1991

7 Mar 1991: The Owners of Cargo lately Laden on Board the Ship or Vessel 'Lanka Muditha' v the Owners of the Ship or Vessel 'Lanka Athula' [1991] HKCA 190
jurisdiction, no natural forum

4 Jun 1991: The Owners of Cargo lately Laden on Board the Ship 'Dong Do' v the Owners and/or Demise Charterers of the Ships 'Dong Ho' and others [1991] HKCFI 194
construction of bills of lading

8 Oct 1991: Victory Star Shipping Co SA v the Owners and all those interested in the Ship 'Amigo' and Another [1991] HKCFI 64
procedure, OwnerShip of Vessel, application to set aside warrant for arrest

14 Oct 1991: Eduardo M. Solomon and Others v the Owners of the Ship or Vessel 'Pointer Apitong' (Panamanian flag) and Another [1991] HKCFI 65
maritime lien, seaman's wages

29 Oct 1991: Fung Sang Trading Ltd v Kai Sun Sea Products and Food Co Ltd [1991] HKCFI 190
arbitration agreement, delivery is a significant part of a sale of goods contract

13 Nov 1991: Lam Yau Tai v Denholm Ship Management Ltd and Others [1991] HKCFI 17
compensation to seaman, appeal against leave to serve writ outside jurisdiction, whether contract of employment

11 Dec 1991: Yee Sang Metal and Buildign Supplies Co Ltd v Taiyo Maritime SA [1991] HKCA 203
misnamed carrier in bill of lading

1990

29 Mar 1990: Yiu Hon Ming v Coastal Shipping Co Pty Ltd [1990] HKCA 291
workers' compensation, marine engineer fell from mast of Ship due to electric shock

6 Jul 1990: The Owners of Cargo lately Laden on Board the Ship or Vessel 'Frinton' v the Owners and/or Demise Charterers of the Ship or Vessel 'Frinton' [1990] HKCA 316
exclusive law and jurisdiction clause

10 Sep 1990: Hong Kong Macao Hydrofoil Co Ltd v NG Chun Wai and Others [1990] HKCA 88
no jurisdiction to hear appeal from reference to the Registrar under the Rules of Court dealing with Admiralty proceedings

14 Sep 1990: Den Norske Bank AS v Asset Century Ltd t/a 'Dairy on Co' and Another [1990] HKCA 277
appeal from order for sale of Ship under arrest

21 Nov 1990: Freight Systems Ltd v Korea Shipping Corporation 'Korea Wonis-Sun' [1990] HKCFI 11
claim for damages and indemnity, damaged cargo, title to sue on bills of lading

1989

16 Jun 1989: Yuasa Trading Co (HK) Ltd and Another v Selina Shipping SA [1989] HKCFI 254
jurisdiction, whether defendant carried on business in Hong Kong, stay pending arbitration

23 Nov 1989: Hanwa Co (HK) Ltd v Everbright Shipping Co Ltd and Others [1989] HKCA 234
good arguable case in tort for the sinking of the Vessel made out

22 Nov 1989: Horst Karcher t/a Karcher Industrial Products v Piff Shipping Ltd and Another [1989] HKCFI 216
Damage to cargo, exemption clause, limitation of liability, Hague-Visby Rules Articles III.8 & VII, third party notice

22 Dec 1989: S and M CO S.A. v Glenmore Shipping Incorporated and Another [1989] HKCA 272
application for discharge of injunction to request the classification authority to extend Vessel's certificates in order to finish time charter

1988

9 Dec 1988: Hanwa Co (HK) Ltd v Everbright Shipping Co Ltd and Others [1988] HKCFI 377
indemnity costs

1 Dec 1988: Tsang Kee Chuen v the Hong Kong and Yaumati Ferry Company Limited [1988] HKCFI 461
damages for accident on ferry due to negligence of employees

9 Nov 1988: The Owners of Cargo Lately Laden on Board the Vessel 'K.H. Enterprise' v the Owners of the Ship or Vessel 'Pioneer Container' [1988] HKCFI 464
jurisdiction under Supreme Court Act, whether action in rem in respect of same claim, whether vexatious

2 Nov 1988: Mobil Oil Hong Kong Ltd and Another v Hong Kong United Dockyards Ltd [1988] HKCA 271
ferry broke loose from typhoon mooring in a typhoon and collided with plaintiff's installations, liability

25 Oct 1988: Harlifax Ltd (formerly known as Vinor Shipping Co Ltd ) v Transatlantic Schiffahrtskontor GMBH [1988] HKCFI 288
21 arbitration proceedings relating to 21 charterparties, application for consolidation order

28 Sep 1988: Re the Andhika Samyra [1988] HKCFI 111
application for stay, choice of law clause in bill of lading, Hague-Visby Rules - clause relieving carrier or Ship of liability null and void, incorporated into Hong Kong contracts but not Indonesian contracts

11 Aug 1988: Kingstar Shipping Ltd v the Owners of the Ship 'Rolita' (panamanian flag) and Another [1988] HKCA 1
jurisdiction in rem

29 Jan 1988: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Oceania Queen' v the Owners of the Ship or Vessel 'Oceania Queen' [1988] HKCFI 112
forum non conveniens

1987

28 Oct 1987: Mobil Oil Hong Kong Limited and Another v HongKong United Dockyards Limited[1987] HKCFI 162
ferry broke loose from typhoon mooring in a typhoon and collided with plaintiff's installations, liability

9 Jan 1987: Vincor Shipping Co Ltd v Transatlantic Schiffahrtskontor GMBH [1987] HKCFI 49
arbitration clause requiring 'commercial Shipping man'

7 Jan 1987: Peter Joseph Wyatt and Another v the Marine Court [1987] HKCFI 187
judicial review of Marine Court, bare declaration

1986

15 Aug 1986: Sun Hua Enterprise Company Limited v the Owners of the Motor Ship 'Harima' [1986] HKCFI 196
application to set aside warrant of arrest and release Vessel, degree of disclosure by plaintiff necessary when applying for warrant

6 Aug 1986: Hua Chiao Commercial Bank Ltd v the Proceeds of Sale of the Vessel ' Fortune Founder' formerly registered at the Port of Panama [1986] HKCFI 441
action in rem against proceeds of sale of motor Vessel

21 Jul 1986: Hong Kong Shanghai (Shipping) Co Ltd v the Owners of the Ship or Vessel 'Cavalry' (Panamanian flag) an d Another [1986] HKCFI 68
actions in rem, legality of loan agreement

16 May 1986: China Ocean Shipping Company, the Owners of the Ship or Vessel 'Xingcheng' v the Owners of the Ship or Vessel 'Andros' [1986] HKCA 352

29 Jan 1986: Ryoden Machinery Company Limited v the Owners of the Ship or Vessel 'Anders Maersk' [1986] HKCFI 197
whether Shipment includes tranShipment, Hague-Visby Rules

10 Jan 1986: Transatlantic Schiffahrtskontor GMBH v Vincor Shipping Co Ltd [1986] HKCFI 198
voyage charterparty, despatch set-off against freight

1985

13 Dec 1985: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Adhiguna Meranti' v the Owners of the Ships or Vessels 'Adhiguna Harapan' and Others [1985] HKCFI 142
jurisdiction, natural and convenient forum, choice of law in tort, discretion in granting a stay

19 Nov 1985: Aleena Shipping Inc v the Owners of and other Persons Interested in the Ship 'Athenian Zoe' [1985] HKCFI 533
application to sell Ship pendente lite

3 Oct 1985: Bakri Bunker Trading Company Limited v the Owners of ahd Other persons Interested in the Ship 'Nepture' - [1985] HKCFI 236
application to set aside summons and warrant of arrest, lifting corporate veil, sister Ship

27 Jun 1985: Aleena Shipping Inc v the Owners of and Other Perons Interested in the Ship 'Athenian Zoe' [1985] HKCFI 235
application to set aside arrest, whether claim open on documents, ancillary orders to help maintain arrest

25 Jun 1985: P.T. Wigo and Another v the Owners of the Ship or Vessel 'Rose Mary' (ex 'Eisho') (Panamanian flag) [1985] HKCFI 60
who is liable under bill of lading, parting with possession and control of Ship

30 May 1985: Hongkong Macao Hydrofoil Co Ltd v NG Chun Wai and Others [1985] HKCA 128
whether Merchant Shipping Act 1979 UK applied to Hong Kong, affects limitation of liability in relation to collision

1 Mar 1985: Innsbruck Inc v the Owners of the Ship or Vessel 'CC Orient' [1985] HKCFI 237
plaintiffs exercised right as mortgagee taking possession of Vessel during voyage and telling cargo interests to discharge all cargo, leave for cargo owner to intervene refused, cargo owner must bear cost of discharge and tranShipment of cargo after arrest, no distinction between termination of voyage and arrest by a mortgagee in possession

6 Feb 1985: Solvang Shipping Co v the Owners of the Ship or Vessel 'Vynthia G' (Panamanian flag) renamed 'Ocean Star 1' [1985] HKCFI 238
application to set aside warrant of arrest or bail bond on grounds of non-disclosure, sister Ship action, beneficial OwnerShip

4 Jan 1985: Uni-Ocean Lines Private Ltd v Jaguar Shipping Corporation Ltd [1985] HKCFI 568
application for stay in favour of arbitration, non-domestic arbitration clause in charterparty, only admissions of liability made within limitation period have effect of avoiding time-bar, whether waiver or estoppel

1984

23 Oct 1984: Winkenson Impex Co Ltd v Haverton Shipping Ltd and Others [1984] HKCFI 216
goods stolen while being transported from port to warehouse, whether carrier liable for loss, plaintiff's burden of proving OwnerShip of goods and that the goods described in invoices were in fact Shipped, exemption from liability clause on bill of lading not available because fundamental breach of contract in not delivering goods to holder of bill of lading

28 Sep 1984: Yuen Wai Ling v Ocean Shipping and Enterprises Ltd [1984] HKCA 233
whether the mosquito bite which led to the death of a Ship's mess boy from Malaria was in the course of employment

24 Aug 1984: Fukuyo Industries Corporation and Others v the Owners of the Ship or Vessel 'Greisheim' (West German flag) now renamed 'Vivacity' (Panamanian flag) [1984] HKCA 278
exclusive jurisdiction clause

17 Aug 1984: Inter Maritime Agency Co Ltd v the Owners of the Ship or Vessel 'Teparak' (Thai flag) [1984] HKCFI 415
sale of Vessel pendente lite

11 Jul 1984: Leung Kam Ho and Others v the Owners of the Ship or Vessel 'Eirama' (Hong Kong flag) [1984] HKCFI 326
fatal accident compensation, death of sailor, limitation period

25 Apr 1984: The Owners of the Ship or Vessel MV 'Hui Cheng' v the Owners of Cargo Lately Laden Aboard MV 'Hui Cheng' [1984] HKCA 230
jurisdiction clause, parties to bill of lading

16 Feb 1984: The Owners of Cargo lately Laden on Board the Ship 'Bayville' v Mercury Shipping Co Ltd [1984] HKCFI 209
application to set aside judgment in default of compliance with order to file documents, meaning of the word 'errors' in the charterparty

1983

13 Dec 1983: Marvel Trading Co and Another v Gold Star Line Ltd and Another [1983] HKCFI 386

25 Nov 1983: The Owners of Cargo lately Laden on Board MV 'Hui Cheng' v the Owners of the Ship or Vessel MV 'Hui Cheng' (Chinese flag) [1983] HKCFI 59
exclusive jurisdiction clause, switched bill of lading

23 Nov 1983: Fukuyo Industries Corporation, Okura and Co GMBH, Feinstahl AG, Schweiz Lokonotivund Maschinenfabrik, Huettenprodukte AG Metallwerke AG v the Owners of the Ship or Vessel 'Griesheim' (West German flag) and Others [1983] HKCA 304
extension of time, solicitor's error

31 Oct 1983: The Owners of the Ship 'Da Qing 236' v the Owners of the Ships or Vessels 'Gunung Klabat' and others [1983] HKCFI 179
order for inspection, Rules of the Supreme Court O 75 r 28 'in connection with any issue in the action'

28 Oct 1983: English Sewing Ltd and Others v Eastern Shipping Lines Inc [1983] HKCFI 79
whether good service within jurisdiction, agents' authority to enter contract, leave to serve out of jurisdiction, 'good arguable case', forum

12 May 1983: Societe Anonyme des Petroles Mory v the Owners of the Ship or Vessel ' Union Darwin' (Panamanian Flag) [1983] HKCFI 136
admiralty jurisdiction of High Court, whether beneficial OwnerShip by Demise charterer

24 Jan 1983: Kenvee (Nigeria) Ltd v Promrt Shipping Corporation and Another [1983] HKCFI 129
construction of bill of lading, time-bar, whether claimant can be joined after limitation period, meaning of 'suit is brought', discretion

19 Jan 1983: The Owners of Cargo lately Laden on Board the Ship Artemis v Artemis Transporation Corporation [1983] HKCA 264
whether service within jurisdiction, parties to bill of lading

1982

22 Dec 1982: Palace Hotel Ltd v the Owners of the Ship or Vessel 'Happy Pioneer' (Panamanian flag) [1982] HKCFI 118
application for stay, deviation, fundamental breach of contract, jurisdiction clause covers contract and tort claims, proper law of contract

16 Dec 1982: The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Nedlloyd Schie' v the Owners of the Ship or Vessel 'Nedlloyd' Schie'[1982] HKCFI 117
jurisdiction clause

4 Nov 1982: Artemis Transporation Corporation v the Owners of Cargo Lately Laden on Board the Ship 'Artemis' [1982] HKCA 256
practice and procedure, 'pleading', summons within time

27 Oct 1982: Guihing Agricultural and Development Corporation and Others v the Owners of the Ship 'Palawlan' [1982] HKCFI 120
forum non conveniens, forum shopping

13 Oct 1982: Owners of Cargo Lately Laden on Board the Ship 'Riau' v the Owners of 'Djatianom' and Others [1982] HKCFI 119
admiralty jurisdiction of High Court, whether 'charterer' means Demise charterer in Administration of Justice Act 1956, Article 3 International Convention Relating to the Arrest of Seagoing Ships

30 Jun 1982: Confecciones Del Atlantico v Lamont Shipping Inc and Others [1982] HKCFI 130
jurisdiction clause in bill of lading, stay of proceedings to avoid multiplicity of proceedings

28 May 1982: The Owners of Cargo lately Laden on Board the Ship 'Artemis; v Artemis Transporation Corporation [1982] HKCA 29
Vessel sank, breach of contract, summons remitted to Admiralty Judge

28 May 1982: Ciel Y Cia SA v the Owners of the Vessel 'Sextum' ex 'Ercole Lauro' [1982] HKCFI 93
power to arrest sister Ship under Administration of Justice Act, whether Ship owned by defendants is sister Ship of two Ships time-chartered to the defendants by the plaintiffs, 'charterer' not restricted to Demise charterer

1981

31 Dec 1981: Re Hong Kong Orient Shipping Co Ltd SA [1981] HKCFI 78
judicial review of coroner's decision, statements of members of crew property of Marine Department, order for disclosure a breach of trust

10 Nov 1981: The Owners of the Ship or Vessel 'Nedlloyd Seine' v the Owners of Cargo Lately Laden on Board the Ship or Vessel 'Nedlloyd Seine' [1981] HKCA 184
jurisdiction clause

12 Aug 1981: Arcom Shipping Management Ltd v the Owners of the Ship or Vessel 'Turgut Guneri' (Turkish flag) [1981] HKCFI 64
whether compliance with paragraph 8 O 75 r 5 Rules of the Supreme Court in summons, state grounds of belief that defendant liable in personam, discretion to allow warrant despite deficiency

8 Jul 1981: Hong Kong Island Shipping Co Ltd v Castle Insurance Co Ltd and Others [1981] HKCA 150
period of limitation, general average

9 Jun 1981: The Owners of Cargo lately Laden on Board the Ship or Vessel 'Nedlloyd Seine' v the Owners of the Ship or Vessel 'Nedlloyd Seine' [1981] HKCFI 65
jurisdiction clause

24 Feb 1981: Whampoa Terminals Ltd v the Owners of the Ship 'Safina-E-Huffaj' [1981] HKCFI 14
Vessel parted from moorings during typhoon and collided with container terminal, inordinate delay in prosecution, laches, dismissed for want of prosecution

1980

22 Dec 1980: The Star Ferry Co Ltd v the Owners of the Ship or Vessel 'Argonaut' (Greek flag) and Another [1980] HKCFI 28
liability for cost of repairs to ferry pier damaged by Vessel in typhoon, still Act of God even though crew tried to save Vessel

15 Oct 1980: Hong Kong Islands Shipping Co Ltd and Another v Castle Insurance Co Ltd and Others [1980] HKCFI 162
application for order to strike out joinder

1979

11 Aug 1979: Tse Wong Hing v Hak Kan Navigation Co SA [1979] HKCFI 392
fatal accidents compensation, radio operator drowned on Ship that sank

6 Feb 1979: Dharamdas and Co (Nigeria) Ltd and Another v the Owners of the Ship or Vessel 'Mingren Development (Panamanian flag) and Another [1979] HKCFI 136
whether cost of discharge of cargo due to arrest and sale of Ship to be borne by cargo owner or Chief Bailiff and so become a first charge on the proceeds of sale

1978

24 May 1978: Mobil Sales and Supply Corporation v the Owners of the Ship or Vessel 'Pacific Bear' (USA flag) [1978] HKCFI 99
admiralty jurisdiction in rem in Administration of Justice Act, proceedings against more than one Ship, meaning of words 'maritime lien', right arising under foreign law, beneficial OwnerShip

1977

18 Apr 1977: Ming Ren Navigation Co Ltd SA v Seawise Navigation Panama SA and Another [1977] HKCFI 89
construction of charterparty, freight earnings

11 Feb 1977: Empresa Navegacion 'Mambisa' v Taikoo Dockyard & Engineering Co of Hong Kong Ltd [1977] HKCA 212
Ship repair agreement, arbitration clause

9 Feb 1977: Antaios Compania Naviera v the Owners of the Ship 'Ledesco Uno ( Philippine flag) [1977] HKCFI 64
application for release of Ship or stay, admiralty jurisdiction, power to arrest sister Ship under Administration of Justice Act, whether Ship owned by applicant is sister Ship of a Ship voyage chartered to the applicant by the respondent, whether 'charterer' is restricted to Demise charterer

1976

15 Nov 1976: SC DeckShips 3 Ltd v Chungwah Shipbuilding and Engineering Co Ltd [1976] HKCFI 77
Shipbuilding contract, where arbitration to take place, law governing arbitration

1975

31 Jan 1975: The Owner of the Ship 'Oriental Falcon' v the Owner of the Ship 'Tai Sang ex 'Tyler' and Others[1975] HKCFI 48
two actions, whether vexatious and oppressive, cumulative remedies

1974

31 Dec 1974: Mitsui & Co ltd v Gold Star Line Ltd [1974] HKCA 13
Demise clause in bill of lading, Article III rule 8 Hague Rules

15 Jul 1974: Mitsui & Co Ltd v the Owners of the Ship 'Sun Flower' and Another [1974] HKCFI 56
whether effect of Demise clause in bill of lading is that defendants are only agents and incur no personal liability, Article III rule 8 Hague Rules

26 Apr 1974: Wallem Shipping Hong Kong) Ltd and Others v the Owners of the Ship 'Philippine Admiral' (Philippine Flag) [1974] HKCA 159
sovereign immunity from admiralty action, government Ship, public use of Ship

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Admiralty & Maritime Cases - Hong Kong

Admiralty & Maritime Cases - Hong Kong

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