Hon Chun t/a Euro-asia Express v. Westrans Air Express (HK) Ltd.
Read the full judgment text of HCA 2484/1995 on BabelCite. This High Court CFI judgment was delivered on 21 November 2000.
1. This is an action by the plaintiff to recover damages for breach of contract of carriage due to late delivery. The defendant counterclaimed for unpaid carriage charges. The plaintiff was neither present nor represented at the hearing. The plaintiff's claim is therefore dismissed.
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HCA002484/1995 HCA 2484/1995 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 2484 OF 1995 ____________
____________ Coram: Deputy High Court Judge To in Court Date of Hearing: 21 November 2000 Date of Judgment: 21 November 2000 _______________ J U D G M E N T _______________ 1. This is an action by the plaintiff to recover damages for breach of contract of carriage due to late delivery. The defendant counterclaimed for unpaid carriage charges. The plaintiff was neither present nor represented at the hearing. The plaintiff's claim is therefore dismissed. 2. On the counterclaim, the defendant adduced evidence that the plaintiff had contracted with the defendant for four other deliveries. These evidence include four sets of the plaintiff's shipping instructions, the defendant's airway bills, and invoices. These shipments had been delivered but had not been paid for. 3. Having satisfied myself that the defendant has discharged its burden of proof on the counterclaim in accordance with civil standard, I enter judgment in favour of the defendant on the counterclaim for the amount of $488,861.10 as claimed with interest at half judgment rate from the 21 October 1995 until judgment and thereafter at judgment rate until payment, and costs to be taxed, if not agreed.
Representation: Mr Hon Chun, Plaintiff in person (Absent) Mr Adonis K W Cheung, instructed by M/s Nie & Company for the Defendant |