Carriage of Goods
DMC/SandT/10/13
Hong Kong Special Administrative Region
Maintek Computer (Suzhou) Co Ltd and others v Blue Anchor Line and others[[1]]
Hong Kong SAR Court of First Instance: Reyes J in Chambers: HCAJ No. 106/2008: 25 February 2010 [2]
CARRIAGE OF GOODS BY SEA: MISDELIVERY BY OCEAN TERMINAL: SETTING ASIDE DEFAULT JUDGMENT: REAL PROSPECT OF SUCCESS: LIMITATION CLAUSE: MEANING OF ‘DELIVERY’: STAY IN FAVOUR OF ARBITRATION: APPLICABILITY OF TERMINAL CONTRACT
DMC/SandT/10/12
The Netherlands
Maersk B.V., formerly “P&O Nedlloyd” and before that called Nedlloyd Lijnen B.V., Rotterdam, the Netherlands v. Irano European Co. Ireco S.A., Luxembourg - The “Dolphin I”[[2]]
Court of Appeal of The Hague (The Netherlands). J.M. van der Klooster, J.E.H.M. Pickaers, J.H.J. Teunissen, 29 September 2009, Case number 105.002.543/01 (unpublished)
CARRIAGE OF GOODS BY SEA: HAGUE RULES: RECEIVED FOR SHIPMENT BILL OF LADING: CARGO DAMAGE: PERISHABLE GOODS: GROSS NEGLIGENCE: CARRIER’S KNOWLEDGE OF GOODS IN CONTAINERS: ‘BEFORE AND AFTER’ CLAUSE: LIMITATION OF APPLICABILITY OF CONTRACTUAL CLAUSES: REASONABLENESS AND FAIRNESS
DMC/SandT/10/03
Hong Kong
Cheong Yuk Fai and another v China International Freight Forwarders (HK) Ltd
[[3]]
Hong Kong SAR Court of Appeal: Cheung and Yuen JJA and A Chung J: CACV No. 463 of 2002: 26 January 2005: [2005] 4 HKLRD 544 (English translation; judgment handed down in Chinese)
CARRIAGE OF GOODS: CLAIM AGAINST CARRIER FOR WRONGFUL DELIVERY OF GOODS: CONVERSION: LIMITATION UNDER HAGUE-VISBY RULES AND BILL OF LADING
DMC/SandT/10/02
German Federal Supreme Court:
Date of Judgement: 18 June 2009: Case Reference: 1 ZR 140/06
CARRIER’S LIABILITY: BREAKING THE LIMITATION OF LIABILITY: SUB-CONTRACTING
DMC/SandT/10/01
Nile Dutch Africa Line B.V, Rotterdam, the Netherlands (“NDAL”) v. (1) Delta Lloyd Schadeverzekering N.V., Rotterdam, the Netherlands (“Delta Lloyd”), (2) Premium Tobacco Investments N.V., Amsterdam, the Netherlands (“Tobacco”), (3) M. Meerapfel Söhne A.G., Basel, Switzerland (“Meerapfel”) and (4) CETAC, Douala, Cameroon (“Cetac”) - The “NDS Provider” - Dutch Supreme Court
CARRIAGE OF GOODS BY SEA UNDER BILL OF LADING: HAGUE VISBY RULES: LIABILITY FOR DEFECTIVE CONTAINERS SUPPLIED BY CARRIER: PACKAGING OR PART OF THE VESSEL? INTERPRETATION OF TREATIES UNDER DUTCH LAW
