Admiralty & Maritime Cases - Hong Kong

Listing by year

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

2013

9 Dec 2013: Oceanic Group Pte Ltd and Another V the Owners and/or Demise Charterers of the Ship or Vessel "Oriental Dragon" HCAJ 162/2012

16 Oct 2013: Roy Dubongco and Others V the Owners and/or Demise Charterers of the Ship or Vessel "Fearless I" or As May Be Describing the Property Against Which the Action Is Brought HCAJ 197/2012

16 Oct 2013: Geneper Oledan and Others v the owners and/or demise charterers of the ship or vessel "KING COAL" or as may be describing the property against which the action is brought HCAJ 198/2012

11 Sep 2013: Sealegend Holdings Ltd V China Taiping Insurance (Hk) Co Ltd and Others HCAJ 95/2012

3 Sep 2013: Simpson Marine Ltd V the Owners of the Ship or Vessel M/V "Maggie" (An "Azimut 43 Plus" Hull No: 568 Hin:It-Azi 43568e010 Certificate of Ownership No: 139475 Engine No 46953382 / 46951949 HCAJ 171/2011

29 Aug 2013: Wittner's Australia Pty Ltd and Another v. the owners and/or demise charterers of the ship or vessel "SHUN YUN" or as may be describing the property against which the action is brought HCAJ 151/2012

29 Aug 2013: Wittner's Australia Pty Ltd and Another V Kingland Cargo (Hk) Co., Ltd HCAJ 143/2012

13 Aug 2013: Atlantic Wind Shipping Llc V Zhoushan Xinzhou Ocean Fishery Co Ltd HCAJ 166/2011

28 Feb 2013: The Owners and/or Demise Charterers of the Ship or Vessel " OOCL China " v the Owners and/or Demise Charterers of the Ship or Vessel " Darya Bhakti " [2013] HKCFI 323

22 Jan 2013: Arko Ship Leasing Ltd and Another v Winsmart International Shipping Ltd and Another [2013] HKCFI 134

18 Jan 2013: Sungleam Maritime Ltd v the Owners and/or Demise Charterers of the Ship or Vessel He Da 98 and Sister Ship Shun Cheng [2013] HKCFI 81

 

2012

10 Dec 2012: The Owners and/or Demise Charterers of the Ship or Vessel OOCL China v the Owners and/or Demise Charteres of the Ship or Vessel Darya Bhakti [2012] HKCFI 1945

1 Nov 2012: The Owners and/or Those Entitled To Sue In Respect of A Cargo Lately Laden On Board the Ship or Vessel " Cosco Tianjin " v the Owners and/or Demise Characters of the Ship or Vessel " Cosco Tianjin " [2012] HKCFI 1702

4 May 2012: Chimbusco Pan Nation Petro-Chemical Co Ltd v the Owners and/or Demise Charterers of the Ship or Vessel " Decurion " [2012] HKCFI 630

3 Feb 2012: The Owners of and/or Other Persons Entitled To Sue In Respect of the Cargo Lately Laden On Board the Ship or Vessel Mv " Apl Malaysia " v Transpac Container System Ltd Trading As Blue Anchor Line [2012] HKCFI 98

30 Jan 2012: Bank of China Ltd, Macau Branch v the Owner of Demise Charterer of the Ship or Vessel "Shen Long" HCAJ137/2011

30 Jan 2012: Bank of China Limited, Macau Branch v the Owner of Demise Charterer of the Ship or Vessel "Tian Long" HCAJ138/2011

30 Jan 2012: Cosmotrade Exports S.A. v the Owners and/or Demise Charterers of the Ship or Vessel "Jimrise" HCAJ180/2011

2011

2 Dec 2011: Sinokor Merchant Marine Co Ltd v the Owners and/or Demise Charterers of the Ship or Vessel " Marcatania" [2011] HKCFI 1742; HCAJ138/2008

18 Nov 2011 AO Smith Electrical Products (Changzhou) Co Ltd and Others v Blue Anchor Line and Another [2011] HKCFI 1670; HCAJ198/2009

26 Aug 2011 Birnam LTD v the Owners of the ship or vessel "Hong Ming" [2011]HKCFI 577; [2011 5 HKLRD 139; HCAJ105/2011

26 Aug 2011 Sungleam Maritime Ltd v the Owners and/or Demise Charterers of the Ship or Vessel " He Da 98 " and Sister Ship "Shuncheng" [2011] HKCFI 578; [2011] 5 HKLRD 126; HCAJ200/2007

17 March 2011: The owners of and/or other persons entitled to sue in respect of the cargo lately laden on board the ship or vessel M.V. "Jin Yi" v the owners and/or demise charterers of the ship or vessel M.V. "Jin Yi" [2011] HKCFI 195

17 March 2011: The owners of and/or other persons entitled to sue in respect of the cargo lately laden on board the Ship or Vessel M.V. "Jin Yi" (Imo No. 9301756) v the owners and/or demise charterers of the ship or vessel M.V. Jin yi [2011] HKCFI 194

2010

23 Apr 2010: Intraline Resources SDN BHD v the Owners of the Ship or Vessel "Hua Tian Long" [2010] HKCFI 361

1 Mar 2010: Maintek Computer (Suzhou) Co Ltd and others v Blue Anchor Line and Others [2010] HKCFI 184

23 Apr 2010: Intraline Resources SDN BHD v the Owners of the Ship or Vessel "Hua Tian Long" [2010] HKCFI 361

25 Feb 2010: Maintek Computer (Suzhou) Co Ltd and Others v Blue Anchor Line and Others [2010] HKCFI 168

1 Feb 2010: The Blue Bridge [2010] HKCFI 87

29 Jan 2010: The Owners of and/or Other Persons Entitled to Sue in Respect of the Cargo Lately Laden on Board the Ship or Vessel "Hui Rong" v the Owners and/or Demise Charters of the Ship or Vessel "Peng Van" and Others [2010] HKCFI 103

2009

16 Dec 2009: Lei Shing Hong Credit Ltd v Mei Kwan Engineering Co Ltd and Others [2009] HKCFI 1156

25 Nov 2009: Sun Wai Wah Transportation Ltd v Cheung Kee Marine Services Co Ltd and Another [2009] HKCFI 1098

29 Sep 2009: Parakou Shipping Pte Ltd v the Owners and/or Demise Charters of the Ship or Vessel "Jin Kang (ex "Canton Trader") [2009] HKCFI 926

7 Sep 2009: Nanjing Iron & Steel Group International Trade Co Ltd and Others v STX Pan Ocean Co Ltd and Another [2009] HKCFI 826

4 Sep 2009: Star Line Traders Ltd v Transpac Container System Ltd t/a Blue Anchor Line [2009] HKCFI 825

4 Aug 2009: Yip Kam and Another v Zhongshan Foodstuffs & Aquatic Import & Export Group Co Ltd of Guangdong and Another [2009] HKCFI 647

8 Jul 2009: Synehon (Xiamen) Trading Co Ltd v American Logistics Ltd [2009] HKCFI 533

30 Jun 2009: The Owners of the Ship or Vessel "Iran Huwayzeh" v the Owners and/or Demise Charterers of the Ship or Vessel "Vembaltic" [2009] HKCFI 515

24 Apr 2009: "Zhu Sheng 2" v the Owners and/or Demise Charterers of the Vessel "Zhu Sheng 2" [2009] HKCFI 322

2008

25 Aug 2008: Shijiazhuang Iron & Steel Co Ltd and others v Hui Rong Nav Corp SA and others [2008] HKCFI 732

25 Aug 2008: Shijiazhuang Iron & Steel Co Ltd and others v Hui Rong Nav Corp SA and others [2008] HKCFI 731

4 Jul 2008: Golden Metro China Ltd v the Owners of the Ship or Vessel Sky Lucky [2008] HKCFI 548

4 Jul 2008: Golden Metro China Ltd v the Owners of the Ship or Vessel Sky Lucky [2008] HKCFI 547

4 Jun 2008:Intraline Resources SDN BHD v the Owners of the Ship or Vessel "Hua Tian Long" [2008] HKCFI 465

19 May 2008: Intraline Resources SDN BHD v the Owners of the Ship or Vessel "Hua Tian Long" [2008] HKCFI 430

9 May 2008: Intraline Resources SDN BHD v the Owners of the Ship or Vessel "Hua Tian Long: [2008] HKCFI 397

22 Apr 2008: Fratelli Cosulich Bunkers (HK) Ltd v the Owners and/or Demise Charterers of the Ship or Vessel "Fair Wind 28" [2008] HKCFI 365

28 Feb 2008: International Transportation Services Inv v the Owners and/or Demise Charterers of the Ship or Vessel "Convenience Container" [2008] HKCFI 166

28 Feb 2008: International Transportation Service Inc v the Owners and/or Demise Charterers of the Ship or Vessel "Convenience Container" [2008] HKCFI 168

28 Feb 2008: International Transportation Service Inc v the Owners and/or Demise Charterers of the Ship or Vessel "Convenience Container" [2008] HKCFI 169

2007

13 Jul 2007: Carewins Envelopment (China) Limited v Bright Fortune Shipping Ltd
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] HKEC 1044
Bills of Lading – application to stay proceedings – exclusive jurisdiction – forum non conveniens – application dismissed.

6 Jun 2007: Chan Kwai Ha v Wong Chick Bun [2007] HKEC 1014
ADMIRALTY – sinking of plaintiff's barge – alleged fault of defendant's tug – Merchant Shipping (Collision damage Liability and Salvage) Ordinance (Cap.508), s.7 – 1910 Collision Convention - two-year time limit for collision claims – extension of time upon "good reason" - "good reason" test.

30 Apr 2007: Izumo Mokko Co Ltd & Another v TS Lines Ltd [2007] HKEC 781
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 68
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] KHEC 2337
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] HKEC 2153
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 315
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 132
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] HKEC 1885
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 210
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 711
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] HKEC 1460
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 676
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 660
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 638
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 521
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 465
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 171
MAREVA INJUNCTION – appeal from Sinom ( Hong Kong) Limited v Swati International [2005] HKCFI 705 (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 411
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 406
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 135
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 54
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 238
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 156
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 149
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 57
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 705
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 289
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 1087
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 579
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 369
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 67
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 249
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 80
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 319
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 257
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 261
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 231
PROCEDURE – application for further and better particulars – dispute arising redevelopment of ferry piers.

16 Mar 2004: Jingjin Shipping Co Ltd v the Owners of the Ship or Vessel 'Tian Xiang 2 Hao' (PRC FLAG) and Another [2004] HKCA 61
COSTS - acknowledgement of service - OwnerShip of Vessel.

9 Mar 2004: Society for Protection of the Harbour Ltd v Chief Executive in Council and Others [2004] HKCFI 180
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.

2003

Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2003] HKCFI 769
costs

Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2003] HKCFI 847
leave to appeal costs

The Delta Pia [2003] HKCFI 392
application by new Owners of Vessel to set aside arrest and urgent release of Vessel

The Delta Pia- [2003] HKCFI 577
interveners (new Owners of Vessel) application for gross sum assessment, interveners motion to set aside arrest

Jingjin Shipping Co Ltd v the Owners of the Ship or Vessel 'Tian Xiang 2 Hao' (PRC FLAG) and another [2003] HKCFI 748
acknowledgement of service, OwnerShip of Vessel

Kwok Chor Shan v Empire Properties Development Consultants Ltd [2003] HKCFI 638
collision, damage to cargo, appeal from discovery order

Re the Transward No. 27 [2003] HKCFI 438
security for costs

2002

Alan Soh v the Owners of the Vessel 'Columbus Caravelle' [2002] HKCFI 563
application to set aside registration of Malaya judgment on action in rem for outstanding wages and termination compensation of worker on Ship.

The Blue Bridge [2002] HKCFI 1191
costs, gross sum assessment.

The Blue Bridge [2002] HKCFI 1232
jurisdiction in rem.

Donghwa Leasing Co v the Owners and/or Demise Charterers of the Ship ' Halla Liberty' [2002] HKCFI 766
priority in proceeds of sale of Vessel, interveners, security for costs.

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.

HBZ Finance Ltd v Nippon Yusen Kaisha [2002] HKCA 202
exclusive jurisdiction clause in bill of lading.

Kase Shipping & Enterprises Ltd & Others v China Sea Marine Ltd [2002] HKCFI 1070
loss of Shipping containers.

Madison International Ltd v Fong Ting Bor t/a Hung Fat Trading Co [2002] HKCFI 858
Shipment of goods, goods confiscated by customs, no breach of contract, not a bailee.

The Magway [2002] HKCFI 899
costs appeal, collision.

Maritime Delivery Inc v the Owner of the Ship or Vessel 'Kitty 1' (Licence No. 10285) [2002] HKCFI 867
application for summary judgment, contract of sale of Vessel.

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 53
procedure, amendment of statement of claim, time-bar, Article III rule 6 Hague-Visby Rules.

The 'Wen Zhou Hai' [2002] HKCFI 366
application to exclude the admiralty judge for a strike out application

Wong Kin Chung Michael v Fenban Shipping Co Ltd and Others [2002] HKCFI 1298
damages, personal injury unloading containers on Ship

Yang Ming Marine Transport Corporation and Another v the Owners and/or Demise Charterers of the Ship or Vessel 'Dong Yun 419' [2002] HKCFI 796
application for sale of Vessel under arrest while case is pending because it is a wasting asset

Re the Yuan Tong No. 6 [2002] HKCFI 900
application for warrant of arrest

Zhu Ruanda and Another v the Owners of the Ship or Vessel M.V. 'Tai Shan' [2002] HKCFI 1130
jurisdiction in rem

2001

Agfa Hong Kong Ltd and Another v Faith & Safe Transportation Ltd [2001] HKCFI 1312
application to release container, parties agree

Center Optical (Hong Kong) Ltd v Jardine Transport Services (China) Ltd [2001] HKCFI 826 (31 July 2001)
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

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 368
assessment of damages, barge capsized, salvage and towage, repairs

Donghwa Leasing Co v the Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2001] HKCFI 72
application for specific discovery

Francine Louise Collins v the Star Ferry Co Ltd [2001] HKCFI 441
personal injury on a ferry

Habib Finance International Ltd v APL Co Pte Ltd and Others [2001] HKCFI 792
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

HBZ Finance Ltd v Nippon Yusen Kaisha [2001] HKCFI 1009
exclusive jurisdiction clause in bill of lading

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

Marlene Susanne Courbet v Mandarin Divers Marine Services Ltd and Others [2001] HKCFI 1101
personal injury on a boat

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 835

Star Plus Ltd v Borneo Maritime Ltd [2001] HKCFI 1043
leave to amend defence, misdelivery of goods
admiralty in rem jurisdiction of High Court

The Almerinda [2001] HKCA 86
procedure, amendment of statement of claim, time-bar, Article III rule 6 Hague-Visby Rules

The Almerinda [2001] HKCA 324
leave to appeal

The Halla Liberty (South Korean flag) [2001] HKCFI 643
costs

The Jian She 33 [2001] HKCFI 309
misdelivery of cargoes, distinction between action in rem against owner and Demise charterer, construction of caveat against arrest

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 53
leave to appeal denied

The Tai Yang He [2001] HKCFI 742
identity of Ship

The Tai Yang He [2001] HKCFI 1338
application for default judgment and payment out of sums now in court

Trane Co and Others v Hanjin Shipping Co Ltd and Others [2001] HKCFI 827
limitation of liability for damaged cargo, construction of bill of lading, whether US COGSA incorporated

Trang Seafood Products Co Ltd and Another v Sea-Land Service Inc [2001] HKCFI 477
damage to cargo, procedure

2000

Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 398
application for final judgment

Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 1493
delivery of bills of lading

Consolidated Projects Ltd v the Owners of the Tug 'De Ping' [2000] HKCFI 27
towage contract, tug engine trouble, salvage contract, application for inspection order

Consolidated Projects Ltd v the Owners of the Tug 'De Ping' [2000] HKCFI 111
costs

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 1146
application for sale of Vessel under arrest

Dongwha Leasing Co v the Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2000] HKCFI 1539
application to stay action in rem in favour of ongoing arbitration in Korea

Kerry Foodstuffs Co Ltd v Phulsawat Naval Co Ltd and Others [2000] HKCFI 1075
conversion, breach of charterparty, negligence

King Shing Enterprises Ltd v Shuttle Cargo International (HK) Ltd and Others [2000] HKCFI 254
exclusive jurisdiction clause

Naftomar Shipping and Trading Co Ltd Inc v Guandong Development Bank [2000] HKCFI 340
jurisdiction, forum non conveniens

Pacific Bridge Services Ltd v Wide Tech Shipping Ltd [2000] HKCFI 1304
applications to transfer to other courts

Pramod Victor Simon and Others v the Owners and/or Demise Charterers of the Ship or Vessel 'Hero II' (Panamanian Flag) [2000] HKCFI 676
application for release of Vessel, caveat against release

The Almerinda [2000] HKCFI 1325
seawater damage to cargo, procedure

The Almerinda [2000] HKCFI 1525
costs

The Fook Hing [2000] HKCFI 815
application for sale of small craft under arrest

The Magway [2000] HKCFI 576
collision

The Magway [2000] HKCFI 584
costs, collision

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 774
Ship under arrest but not cargo, direction by court that cargo owner take delivery of cargo

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 894
misdelivery of goods, goods given to customs which released goods without production of original bill of lading, parties to bills of lading, straight bills

The Sparti [2000] HKCFI 944
crew wages rank higher in priority than mortgagee, whether an assignee by contract of assignment can have the same priority as crew against mortgagee

The Tian Sheng No. 8 (Owner of the Ship) v Owners of Cargo [2000] HKCFA 64; [2000] 507 HKCU 1
extension of time to set aside warrant of arrest and return bail bond, Rules of the High Court

Tian Sheng No. 8 [2000] HKCA 44
in rem jurisdiction, right of appeal

Trafigura Beheer BV Amsterdam v China Navigation Co Ltd [2000] HKCFI 1061
misdelivery and consequent confiscation of goods, who bears the loss

1999

Bayer Polymers Co Ltd v the Industrial and Commercial Bank of China, Hong Kong Branch [1999] HKCFI 1304 forum non conveniens

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

China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 425
security for costs, supplying details of place of incorporation registration and address

China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 546
security for costs, supplying details of place of incorporation registration and address, service out of jurisdiction

SK Global Asia-Pacific Pte Ltd and Another v the Owners and/or Demise Charterers of the Ship 'Al Dhhabiyyah' and Other - [1999] HKCFI 674
plaintiff's application for temporary stay of proceedings the plaintiff initiated himself pending proceedings in Singapore

The Halla Liberty (South Korean flag) [1999] HKCFI 1152
jurisdiction, whether necessary to have separate writs for separate Ships, beneficial OwnerShip, choice of law

The J Faster [1999] HKCFI 1114
charterer's agents ordered cargo handling services from plaintiff, liability of Ship Owners, material non-disclosure in obtaining order for warrant of arrest

The J Faster [1999] HKCFI 1251
costs

The Kuzma Gnidash [1999] HKCFI 1402
costs

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 1526
wrongful co-mingling of cargoes, defences, damages

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 1513
out of time to set aside proceedings Rules of the High Court, in rem jurisdiction, OwnerShip of Vessel

The Owners or Pilot Boat 'Harbour 23' v the Owners and/or Demise Charterers of the Ship 'Peng Yun 211' [1999] HKCFI 1518
application to add bareboat Charterers as plaintiff and dispense with service of amended writ on the boat, collision

The Tian Sheng No. 8 [1999] HKCA 571
in rem jurisdiction, Rules of the High Court

Win's Marine Trading Co v Wan Hai Lines (HK) Ltd [1999] HKCFI 415
procedure, application to join defendant, goods wrongfully released on production of forged release documents, time-bar in bill of lading

1998

Artbrand Ltd and Another v Interoceans Lines Ltd and Another [1998] HKCFI 744
application to set aside judgment in default of defence, agency, perils of the sea

Bewise Motors Co Ltd v Hoi Kong Container Services Ltd [1998] HKCFA 36 (5 November 1998)
Loss of goods, exclusion clause, limitation of liability, Himalaya clause, bailment

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 974
Rules of the Supreme Court, service of a 'sealed copy' of the writ rather than the 'original writ' is acceptable

Focal Finance Ltd v the Owners and/or Demise Charterers of the Ship or Vessel 'Dragon Sunrise' - [1998] HKCFI 1022
whether services were salvage or towage, priority of salvage and mortgagee

Hanjin Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI 210
Mareva injunction and ancillary orders, application for dead freight, demurrage and damages for detention under charterparty, identity of charterer disputed

Hanjin Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI 762
stay of proceedings, application for dead freight, demurrage and damages for detention under charterparty, identity of charterer disputed

Kerry Foodstuffs Co Ltd v Phulsawat Navy Co Ltd and Others [1998] HKCFI 607
Shipment of goods, conversion, delay in proceedings

Leviathan Shipping Co Ltd v Sky Sailing Overseas Co Ltd [1998] HKCFI 542
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

Man on Knitting Factory v Bayswater Marine Ltd [1998] HKCA 336
damaged cargo, leave to serve out of jurisdiction

Profit Country Enterprises Ltd v Sea-Land Service Inc and Another [1998] HKCFI 721
limitation decree in Guangzhou Maritime Court, stay of proceedings

The Halla Liberty (South Korean flag) [1998] HKCFI 499
application to stay action in rem in favour of ongoing arbitration in Korea

The Halla Liberty [1998] HKCFI 935
leave to appeal on costs

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 977
exclusive jurisdiction clause, forum non conveniens

The Owners of the Ship 'Kapitan Shvetsov' v the Owners and/or Demised Charterers of the Ship 'Nanta Bhum' [1996] HKCFI 782
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

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 1014
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

The Tat Yau 8 [1998] HKCFI 423
containers stolen from barge, actions in rem and in personam, bail bonds, material non-disclosure

The Tat Yau No. 8 [1998] HKCFI 487
costs

Trafalgar House Construction (Asia) Ltd and Another v the Owners and/or Demise Charterers of MV 'Thorscan' (Netherlands Antilles Flag) [1998] HKCA 439
exclusive law and jurisdiction clause

Thong Soon Maritime Pte Ltd v Jutha Maritime PLC [1998] HKCFI 669
decree limiting liability, Rules of the High Court

Trang Seafood Products Co Ltd and Another v Sea-Land Services Inc [1998] HKCFI 970
jurisdiction, forum non conveniens

1997

Aker Invest AS v the Owners of the Ship 'Saga Sea' [1997] HKCFI 796
request by plaintiff to sell Vessel by public auction denied, sale by public tender

Astrofiel Armadora SA v the Owners of the Ship 'Chong Bong' [1997] HKCFI 764
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

Astrofiel Armadora SA v the Owners of the Ship or Vessel 'Baek Ma Kang' (DPRK flag) and Others[1997] HKCA 19
order for renewal of writ

Belgian Overseas Chartering and Shipping NV and Another v Sunkonao Co Ltd [1997] HKCFI 521
parties to contract of carriage

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 700
payment of crew wages

China Ocean Shipping Co and Another v Paradragon Ltd and Another [1997] HKCFI 239
fire on Ship, claim by Ship Owners against Shippers of the container, claim by cargo Owners against Ship Owners and Shippers

Computronics International v Piff Shipping Ltd [1997] HKCA 82
inordinate delay, limitation period

Daewoo Hong Kong Ltd v Mana Maritime Inc and Others [1997] HKCFI 545
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

Dalmor Shipping Co Ltd v Kan's Maritime Corporation [1997] HKCFI 853
admiralty jurisdiction to arrest Ship not affected by stay of proceedings for arbitration

Kawanishi Shippign Service (HK) Ltd v Metro Consolidators Ltd and Others [1997] HKCFI 834
preliminary issues

Lam Po Yuk and Another v Mercury Shipping Co Ltd (in liquidation) [1997] HKCFI 824
fatal accidents compensation, industrial accident on Ship

Shanghai Shipyard, Pixu Branch v the Owners and/or Demise Charterers of the Ship or Vessel 'Dragon Supreme' [1997] HKCFI 583
issue of warrant for arrest is a discretionary remedy, statutory requirements must be fulfilled

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 803
order for inspection of Vessel, unseaworthiness, bill of lading issue

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 806
order for inspection of Vessel, full evidence and information

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 829
procedure, misdelivery of goods, goods given to customs which released goods without production of original bill of lading

The Owners of the Ship 'Kapitan Shvetsov' v the Owners and/or Demise Charterers of the Ship 'Nanta Bhum' [1997] HKCA 106
leave to appeal to Privy Council

The Owners of the Ship 'Kapitan Shvetsov v the Owners and/or Demise Charterers of the Ship 'Nanta Bhum' [1997] HKCA 592
jurisdiction, the natural forum

1996

Kanematsu (Hong Kong) Limited v Multi-Link Limited [1996] HKCFI 80
failure to deliver cargo to holder of bill of lading, no consent to deliver to eventual purchaser of cargo

Liu Ah Sai v Yiu Lian Dockyards Ltd [1996] HKCA 491
workers' compensation

The Owners of the Ship 'Kafur Mamedov' v the Owners and/or Demise Charterers of the Ship 'Goldpath' [1996] HKCA 592
'action' in s 8 of the Maritime Conventions Act 1911 includes counterclaims, limitation period

The Owners of the Ship 'Kafur Mamedov' v the Owners and/or Demise Charterers of the Ship 'Goldpath' [1996] HKCFI 660
extension of time s 8 of the Maritime Conventions Act 1911

The Owners of the Ship 'Kapitan Shvetsov' v the Owners and/or Demised Charterers of the Ship 'Nanta Bhum' [1996] HKCFI 782 (17 October 1996)
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

1995

Banque Worms v the Maule (the Owners of) [1995] HKCA 69
mortgage of Ship, admiralty action in rem, right of sale on default

Banque Worms v the Owners of the Ship or Vessel 'Maule' (Cyprus flag) (formerly known as 'Amer Deep') [1995] HKCA 301
when damages are available for wrongful arrest of a Ship

China Ocean Shipping Co v Mitrans Shipping Co Ltd [1995] HKCA 300
rights and obligations under charterparties, lifting the corporate veil

Hecny Shipping Limited v Wily Products Company Limited [1995] HKCA 291 (6 July 1995)
Cargo lost by carrier, assessment of damages, limitation of liability, Hague-Visby Rules Article 4(5)(c)

Jiangxi Provincial Metal and Minerals Import and Export Corporation v Sunlanser Co Ltd [1995] HKCFI 126
enforcement of arbitration

Kara Mara Shipping Company Ltd v World Tanker Carriers Corporation and Another [1995] HKCFI 318
collision, forum non conveniens, anti-suit injunction

Shkotovo (Owners of Cargo) v Shkotovo (Owners) [1995] HKCFI 373
cargo damaged and short delivered due to contamination, assessment of damages, mitigation of damage

The Nedlloyd Colombo (Owners of Cargo) v South African Marine Corporation Ltd [1995] HKCA 375
leave to appeal to Her Majesty in Council

The Owners of the Ship or Vessel 'Lady Muriel' v Transorient Shipping Ltd [1995] HKCA 123
stay of order to allow Charterers to inspect Vessel, arbitration outside Hong Kong, whether order was 'an interim measure of protection'

1994

Cosmo Sea Freight (HK) Ltd v Gold King Consolidator Ltd [1994] HKCFI 9
costs, damaged freight

Dongnama Shipping Co Limited v Owners of the Ship or Vessel 'Alacrity' [1994] HKCFI 214
application for release of Vessel

Korea Sonbak Shipping Company v Charter harvest Shipping Limited [1994] HKCFI 4
failure to file defence in time, claim for demurrage and breach of implied term in charterparty

Oceanlink Ltd v the Rung Ra Do (Owners of the Ship) [1994] HKCFI 215
jurisdiction, beneficial OwnerShip, North Korean law

Taitexma Enterprise Corporation v Tillemont Shipping Corporation SA and Another [1994] HKCA 378
no good arguable case of failure to make Vessel seaworthy or taking all reasonable steps to preserve cargo

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 145
delay, whether insurance company a party to proceedings

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 356
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

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 362
collision, forum non conveniens

The World Wood (Owners of Cargo) v the World Wood (Owners of the Ship) [1994] HKCFI 237
forum non conveniens

Tillemont Shipping Corporation SA v Reward Wool Industry Corporation and Others [1994] HKCA 380
Mareva injunction, whether good arguable case of failing to make Vessel seaworthy or taking all reasonable steps to preserve cargo under Hague Rules

Toiko Marine & Fire Insurance Co Ltd v Ace Protrans Forwarding Ltd [1994] HKCFI 50
assignee of carrier suing agent of carrier (freight forwarder) in relation to cargo, authority to issue bills of lading

Victory Star Shipping Company SA v the Owners and all those interested in the Ship 'Amigo' and World Happy Shipping Limited [1994] HKCFI 43
direction for assessment of damages as a result of wrongful arrest

XCHRX the World Wood (Owners of Cargo) v the World Wood (Owners of the Ship) [1994] HKCFI 238 (9 September 1994)
Action in rem, damage to cargo, salvage, application to stay in favour of Singapore proceedings, forum non conveniens, limitation of liability

1993

Chan Lai Ying v Li Fo Mui and Another [1993] HKCFI 41
collision, damages for negligent navigation

China Light & Power Co Ltd v Leung For-Wa and Others [1993] HKCFI 89
barge towed by tug, damage to submarine cable

Safond Shipping SDN BH v East Asia Sawmill Corp [1993] HKCFI 149
costs on indemnity basis, breach of contractual obligation to arbitrate

Taitexma Enterprise Corporation v Tillemont Shipping Corporation SA and Another [1993] HKCA 182
service out of jurisdiction

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 160
exclusive jurisdiction

The Planeta (Owners of Cargo) v the Planeta (Owners of the Ship) [1993] HKCFI 10
forum non conveniens

William Co. v Chu Kong Agency Co. Ltd. and Another [1993] HKCFI 22
agreement to arbitrate in bill of lading, exclusive jurisdiction clause, forum non conveniens

1992

Cheung Moon Chee v the Commissioner of Paloce and Another [1992] HKCFI 23
collision involving police launch, Crown Proceedings Ordinance, no liability on Crown in respect of any Ship, dock or harbour owned by the Crown

Compania Chilean de Navegacion Interoceanica SAA v the Owners and/or Demise Charterrs of the Ship or Vessel 'Seaspac 1' [1992] HKCA 305
appeal from order to release to the defendants security given to release Vessel from arrest

Green Island Cement Co Ltd v the Owners of the Ship or Vessel 'Sunshine Island' and Another [1992] HKCFI 125
damages, Ship collided with pier

Hissan Trading Co Ltd v Orkin Shipping Corporation (a Body Corporate) [1992] HKCFI 183
cargo claim where Vessel has sunk, exclusive jurisdiction clause, forum non conveniens, Mareva injunction

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 60
whether Charterers were still Demise Charterers at time of issue of writs, termination of Demise charterparty, assertion of right to withdraw Vessel

Ming Kee Shipping Service Co Ltd v Autogain Ltd and Another [1992] HKCFI 103
order to make two arbitrations be heard at the same time

The 'Inchon Glory' [1992] HKCFI 130
collision, inspection of Vessel and cargo and documents, indemnity for salvage claim

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 19
construction of bills of lading

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 241
construction of bills of lading

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 16
indemnity and costs, goods delivered without production of bills of lading

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 90
whether cargo Owners not party to bills of lading bound by exclusive jurisdiction clause

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 104
warrant of arrest

The 'President Polk' [1992] HKCFI 108
forum non conveniens

The 'Riau' [1992] HKCFI 269
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

Wong Hing Faat v the Hong Kong and Yaumati Ferry Co Ltd [1992] HKCFI 123
appeal from leave to re-amend defence, accident on ferry, limitation of liability, Merchant Shipping Act 1894

1991

Eduardo M. Solomon and Others v the Owners of the Ship or Vessel 'Pointer Apitong' (Panamanian flag) and Another [1991] HKCFI 129
maritime lien, seaman's wages

Fung Sang Trading Ltd v Kai Sun Sea Products and Food Co Ltd [1991] HKCFI 93
arbitration agreement, delivery is a significant part of a sale of goods contract

Lam Yau Tai v Denholm Ship Management Ltd and Others [1991] HKCFI 101
compensation to seaman, appeal against leave to serve writ outside jurisdiction, whether contract of employment

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 52
construction of bills of lading

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 195
jurisdiction, no natural forum

Victory Star Shipping Co SA v the Owners and all those interested in the Ship 'Amigo' and Another [1991] HKCFI 127
procedure, OwnerShip of Vessel, application to set aside warrant for arrest

Yee Sang Metal and Buildign Supplies Co Ltd v Taiyo Maritime SA [1991] HKCA 135
misnamed carrier in bill of lading

1990

Den Norske Bank AS v Asset Century Ltd t/a 'Dairy on Co' and Another [1990] HKCA 266
appeal from order for sale of Ship under arrest

Freight Systems Ltd v Korea Shipping Corporation 'Korea Wonis-Sun' [1990] HKCFI 327
claim for damages and indemnity, damaged cargo, title to sue on bills of lading

'Frinton' [1990] HKCA 224
exclusive law and jurisdiction clause

Hong Kong Macao Hydrofoil Co Ltd v NG Chun Wai and Others [1990] HKCA 141
no jurisdiction to hear appeal from reference to the Registrar under the Rules of Court dealing with Admiralty proceedings

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 294
exclusive law and jurisdiction clause

Yiu Hon Ming v Coastal Shipping Co Pty Ltd [1990] HKCA 156
workers' compensation, marine engineer fell from mast of Ship due to electric shock

1989

Hanwa Co (HK) Ltd v Everbright Shipping Co Ltd and Others [1989] HKCA 294
good arguable case in tort for the sinking of the Vessel made out

Horst Karcher t/a Karcher Industrial Products v Piff Shipping Ltd and Another [1989] HKCFI 475 (22 November 1989)
Damage to cargo, exemption clause, limitation of liability, Hague-Visby Rules Articles III.8 & VII, third party notice

S and M CO S.A. v Glenmore Shipping Incorporated and Another [1989] HKCA 318
application for discharge of injunction to request the classification authority to extend Vessel's certificates in order to finish time charter

Yuasa Trading Co (HK) Ltd and Another v Selina Shipping SA [1989] HKCFI 377
jurisdiction, whether defendant carried on business in Hong Kong, stay pending arbitration

1988

Hanwa Co (HK) Ltd v Everbright Shipping Co Ltd and Others [1988] HKCFI 126
indemnity costs

Harlifax Ltd (formerly known as Vinor Shipping Co Ltd ) v Transatlantic Schiffahrtskontor GMBH [1988] HKCFI 501
21 arbitration proceedings relating to 21 charterparties, application for consolidation order

Kingstar Shipping Ltd v the Owners of the Ship 'Rolita' (panamanian flag) and Another [1988] HKCA 48
jurisdiction in rem

Mobil Oil Hong Kong Ltd and Another v Hong Kong United Dockyards Ltd [1988] HKCA 45
ferry broke loose from typhoon mooring in a typhoon and collided with plaintiff's installations, liability

Re the Andhika Samyra [1988] HKCFI 244
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

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 250
jurisdiction under Supreme Court Act, whether action in rem in respect of same claim, whether vexatious

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 155
forum non conveniens

Tsang Kee Chuen v the Hong Kong and Yaumati Ferry Company Limited [1988] HKCFI 372
damages for accident on ferry due to negligence of employees

1987

Mobil Oil Hong Kong Limited and Another v HongKong United Dockyards Limited[1987] HKCFI 191
ferry broke loose from typhoon mooring in a typhoon and collided with plaintiff's installations, liability

Peter Joseph Wyatt and Another v the Marine Court [1987] HKCFI 73
judicial review of Marine Court, bare declaration

Vincor Shipping Co Ltd v Transatlantic Schiffahrtskontor GMBH [1987] HKCFI 6
arbitration clause requiring 'commercial Shipping man'

1986

China Ocean Shipping Company, the Owners of the Ship or Vessel 'Xingcheng' v the Owners of the Ship or Vessel 'Andros' [1986] HKCA 193
bills of lading not incorporating Hague-Visby Rules, time-bar, laches

Hong Kong Shanghai (Shipping) Co Ltd v the Owners of the Ship or Vessel 'Cavalry' (Panamanian flag) and Another [1986] HKCFI 100
actions in rem, legality of loan agreement

Hua Chiao Commercial Bank Ltd v the Proceeds of Sale of the Vessel ' Fortune Founder' formerly registered at the Port of Panama [1986] HKCFI 269
action in rem against proceeds of sale of motor Vessel

Ryoden Machinery Company Limited v the Owners of the Ship or Vessel 'Anders Maersk' [1986] HKCFI 188
whether Shipment includes tranShipment, Hague-Visby Rules

Sun Hua Enterprise Company Limited v the Owners of the Motor Ship 'Harima' [1986] HKCFI 274
application to set aside warrant of arrest and release Vessel, degree of disclosure by plaintiff necessary when applying for warrant

Transatlantic Schiffahrtskontor GMBH v Vincor Shipping Co Ltd [1986] HKCFI 181
voyage charterparty, despatch set-off against freight

1985

Aleena Shipping Inc v the Owners of and Other Perons Interested in the Ship 'Athenian Zoe' [1985] HKCFI 391
application to set aside arrest, whether claim open on documents, ancillary orders to help maintain arrest

Aleena Shipping Inc v the Owners of and other Persons Interested in the Ship 'Athenian Zoe' [1985] HKCFI 528
application to sell Ship pendente lite

Bakri Bunker Trading Company Limited v the Owners of ahd Other persons Interested in the Ship 'Nepture' - [1985] HKCFI 467
application to set aside summons and warrant of arrest, lifting corporate veil, sister Ship

Hongkong Macao Hydrofoil Co Ltd v NG Chun Wai and Others [1985] HKCA 97
whether Merchant Shipping Act 1979 UK applied to Hong Kong, affects limitation of liability in relation to collision

Innsbruck Inc v the Owners of the Ship or Vessel 'CC Orient' [1985] HKCFI 279
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

P.T. Wigo and Another v the Owners of the Ship or Vessel 'Rose Mary' (ex 'Eisho') (Panamanian flag) [1985] HKCFI 134
who is liable under bill of lading, parting with possession and control of Ship

Solvang Shipping Co v the Owners of the Ship or Vessel 'Vynthia G' (Panamanian flag) renamed 'Ocean Star 1' [1985] HKCFI 257
application to set aside warrant of arrest or bail bond on grounds of non-disclosure, sister Ship action, beneficial OwnerShip

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 212
jurisdiction, natural and convenient forum, choice of law in tort, discretion in granting a stay

Uni-Ocean Lines Private Ltd v Jaguar Shipping Corporation Ltd [1985] HKCFI 236
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

Fukuyo Industries Corporation and Others v the Owners of the Ship or Vessel 'Greisheim' (West German flag) now renamed 'Vivacity' (Panamanian flag) [1984] HKCA 47
exclusive jurisdiction clause

Inter Maritime Agency Co Ltd v the Owners of the Ship or Vessel 'Teparak' (Thai flag) [1984] HKCFI 326
sale of Vessel pendente lite

Leung Kam Ho and Others v the Owners of the Ship or Vessel 'Eirama' (Hong Kong flag) [1984] HKCFI 305
fatal accident compensation, death of sailor, limitation period

The Owners of Cargo lately Laden on Board the Ship 'Bayville' v Mercury Shipping Co Ltd [1984] HKCFI 25
application to set aside judgment in default of compliance with order to file documents, meaning of the word 'errors' in the charterparty

The Owners of the Ship or Vessel MV 'Hui Cheng' v the Owners of Cargo Lately Laden Aboard MV 'Hui Cheng' [1984] HKCA 225
jurisdiction clause, parties to bill of lading

Winkenson Impex Co Ltd v Haverton Shipping Ltd and Others [1984] HKCFI 155
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

Yuen Wai Ling v Ocean Shipping and Enterprises Ltd [1984] HKCA 241
whether the mosquito bite which led to the death of a Ship's mess boy from Malaria was in the course of employment

1983

English Sewing Ltd and Others v Eastern Shipping Lines Inc [1983] HKCFI 240
whether good service within jurisdiction, agents' authority to enter contract, leave to serve out of jurisdiction, 'good arguable case', forum

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 281
extension of time, solicitor's error

Kenvee (Nigeria) Ltd v Promrt Shipping Corporation and Another [1983] HKCFI 38
construction of bill of lading, time-bar, whether claimant can be joined after limitation period, meaning of 'suit is brought', discretion

Marvel Trading Co and Another v Gold Star Line Ltd and Another [1983] HKCFI 291
procedure, renewal of writ, misdelivery of goods to third party without production of bills of lading

Societe Anonyme des Petroles Mory v the Owners of the Ship or Vessel ' Union Darwin' (Panamanian Flag) [1983] HKCFI 78
admiralty jurisdiction of High Court, whether beneficial OwnerShip by Demise charterer

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 263
exclusive jurisdiction clause, switched bill of lading

The Owners of Cargo lately Laden on Board the Ship Artemis v Artemis Transporation Corporation [1983] HKCA 11
whether service within jurisdiction, parties to bill of lading

The Owners of the Ship 'Da Qing 236' v the Owners of the Ships or Vessels 'Gunung Klabat' and others [1983] HKCFI 242
order for inspection, Rules of the Supreme Court O 75 r 28 'in connection with any issue in the action'

1982

Artemis Transporation Corporation v the Owners of Cargo Lately Laden on Board the Ship 'Artemis' [1982] HKCA 203
practice and procedure, 'pleading', summons within time

Ciel Y Cia SA v the Owners of the Vessel 'Sextum' ex 'Ercole Lauro' [1982] HKCFI 77
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

Confecciones Del Atlantico v Lamont Shipping Inc and Others [1982] HKCFI 92
jurisdiction clause in bill of lading, stay of proceedings to avoid multiplicity of proceedings

Guihing Agricultural and Development Corporation and Others v the Owners of the Ship 'Palawan' [1982] HKCFI 119
forum non conveniens, forum shopping

Owners of Cargo Lately Laden on Board the Ship 'Riau' v the Owners of 'Djatianom' and Others [1982] HKCFI 116
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

Palace Hotel Ltd v the Owners of the Ship or Vessel 'Happy Pioneer' (Panamanian flag) [1982] HKCFI 143
application for stay, deviation, fundamental breach of contract, jurisdiction clause covers contract and tort claims, proper law of contract

The Owners of Cargo lately Laden on Board the Ship 'Artemis; v Artemis Transporation Corporation [1982] HKCA 202
Vessel sank, breach of contract, summons remitted to Admiralty Judge

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 140
jurisdiction clause

1981

Arcom Shipping Management Ltd v the Owners of the Ship or Vessel 'Turgut Guneri' (Turkish flag) [1981] HKCFI 107
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

Hong Kong Island Shipping Co Ltd v Castle Insurance Co Ltd and Others [1981] HKCA 32
period of limitation, general average

Re Honh Kong Orient Shipping Co Ltd SA [1981] HKCFI 148
judicial review of coroner's decision, statements of members of crew property of Marine Department, order for disclosure a breach of trust

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 73
jurisdiction clause

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 44
jurisdiction clause

The Star Ferry Co Ltd v the Owners of the Ship or Vessel 'Argonaut' (Greek flag) and Another [1980] HKCFI 178
liability for cost of repairs to ferry pier damaged by Vessel in typhoon, still Act of God even though crew tried to save Vessel

Whampoa Terminals Ltd v the Owners of the Ship 'Safina-E-Huffaj' [1981] HKCFI 35
Vessel parted from moorings during typhoon and collided with container terminal, inordinate delay in prosecution, laches, dismissed for want of prosecution

1980

Hong Kong Islands Shipping Co Ltd and Another v Castle Insurance Co Ltd and Others [1980] HKCFI 128
application for order to strike out joinder

1979

Dharamdas and Co (Nigeria) Ltd and Another v the Owners of the Ship or Vessel 'Mingren Development (Panamanian flag) and Another [1979] HKCFI 17
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

Tse Wong Hing v Hak Kan Navigation Co SA [1979] HKCFI 78
fatal accidents compensation, radio operator drowned on Ship that sank

1978

Mobil Sales and Supply Corporation v the Owners of the Ship or Vessel 'Pacific Bear' (USA flag) [1978] HKCFI 55
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

Antaios Compania Naviera v the Owners of the Ship 'Ledesco Uno ( Philippine flag) [1977] HKCFI 10
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

Empresa Navegacion 'Mambisa' v Taikoo Dockyard & Engineering Co of Hong Kong Ltd [1977] HKCA 20
Ship repair agreement, arbitration clause

Ming Ren Navigation Co Ltd SA v Seawise Navigation Panama SA and Another [1977] HKCFI 24
construction of charterparty, freight earnings

1976

SC DeckShips 3 Ltd v Chungwah Shipbuilding and Engineering Co Ltd [1976] HKCFI 84
Shipbuilding contract, where arbitration to take place, law governing arbitration

1975

The Owner of the Ship 'Oriental Falcon' v the Owner of the Ship 'Tai Sang ex 'Tyler' and Others[1975] HKCFI 8
two actions, whether vexatious and oppressive, cumulative remedies

1974

Mitsui & Co ltd v Gold Star Line Ltd [1974] HKCA 151
Demise clause in bill of lading, Article III rule 8 Hague Rules

Mitsui & Co Ltd v the Owners of the Ship 'Sun Flower' and Another [1974] HKCFI 63
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

Wallem Shipping Hong Kong) Ltd and Others v the Owners of the Ship 'Philippine Admiral' (Philippine Flag) [1974] HKCA 39
sovereign immunity from admiralty action, government Ship, public use of Ship