Playing Cards (Malaysia) Sdn Bhd v China Mutual Navigation Co Ltd [1980] 2 MLJ 182
Federal Court, Malaysia Raja Azlan Shah CJ, Chang Min Tat FJ, Abdoolcader J 16 April 1980; 6 May 1980 KEYWORDS Received for Shipment Bill of Lading – Goods not shipped on board the agreed vessel – Goods shipped on subsequent vessel -Six months delay in delivery, as a result – Liability under bill when cargo […]
Bangkok Bank Limited v Wiel Brothers Cotton Inc. [1977] 2 MLJ 134
Federal Court, Malaysia Lee Hun Hoe Ag LP, Ali Ag CJ (Malaya), Raja Azlan Shah FJ 19 May 1977 KEYWORDS Bill of Lading – Pledge by buyer to bank – Third party creditor obtaining freezing injunction over assets of the buyer, namely the goods in transit – Bank’s rights for immediate possession FACTS AND DECISION […]
Shun Cheong Steam Navigation Co Ltd v Wo Fong Trading Co [1979] 2 MLJ 254
Federal Court, Malaysia Raja Azlan Shah, Chang Min Tat FJJ, Syed Othman FJJ 5 December 1978, 26 May 1979 KEYWORDS Bill of Lading – Cargo Claim – Lost Cargo – Liability Limitation – Art. IV(5) of Hague Rules – Art. IX of Hague Rules – Validity of Lower Liability Limitation clause in Bill of Lading […]
The Lung Yung & Thai Yung, Owners & Ors v Sadit Timber Sdn Bhd & Ors [1984] 1 MLJ 29
Federal Court, Malaysia Raja Azlan Shah LP, Lee Hun Hoe CJ (Borneo) & Abdoolcader FJ 17 November 1983 KEYWORDS Admiralty in Rem Action – Bill of Lading – Misdelivery without presentation of bill – Conversion – Cargo Claim – Time Limitation – Art. III(6) of Hague Rules – Jurisdiction – Stay of Proceedings – Appellate […]
HSBC Bank Malaysia Bhd v Dharani Sugars & Chemical Ltd and another appeal [2011] 1 MLJ 52
Federal Court, Malaysia Arifin Zakaria CJ (Malaya), Richard Malanjum CJ (Sabah and Sarawak), James Foong FCJ 27 July 2010 KEYWORDS International Trade – FOB terms sale and purchase – Buyer to nominate ship, etc – Letter of Credit subject to UCP 500 – Buyer charters ship for the carriage – Buyer notifies Seller of Nominated […]
Colgate-Palmolive (Asia) Ltd v Swedish East Asia Co Ltd [1967] 1 MLJ 115
Federal Court, Malaysia Wee Chong Jin CJ, Tan Ah Tah JF, Winslow J 30 Septermber 1966 KEYWORDS Bill of Lading – Cargo Claim – Amendment to name of parties after time limitation has set in FACTS AND DECISION The bill of lading prominently displayed a call name of Malaya Indonesia Line. However, the bill was […]
Borneo Co (M) Sdn Bhd v Penang Port Commission [1975] 2 MLJ 204
Federal Court, Malaysia Suffian LP, Lee Hun Hoe CJ (Borneo), Wan Suleiman FJ 6 June 1975 KEYWORDS Goods lost by Port Godown – Challenge as to contents of boxes lost – Evidential value of Bill of Lading to prove contents of boxes lost in case between Consignee and Port FACTS AND DECISION A question as […]
Volcafe Ltd and others v Compania Sud Americana De Vapores SA (t/a CSAV) [2018] UKSC 61, [2019] AC 358, [2019] 2 All ER 81, [2018] 3 WLR 2087, [2019] 1 All ER (Comm) 397, [2019] 1 Lloyd’s Rep 21, [2018] All ER (D) 16 (Dec)
Supreme Court, UK Lord Reed, Lord Wilson Dp, Lord Sumption, Lord Hodge And Lord Kitchin SCJJ 3, 4 October 2018; 5 December 2018 KEYWORDS Bill of Lading – Cargo Claim – Burden of Proof FACTS AND DECISION A cargo of coffee beans was carried from Buenaventura[1] to Bremen[2] on LCL/FCL basis in unventilated containers over […]
Gray v Carr (1871) LR 6 QB 522; 40 LJQB 257; 1 Asp MLC 115; 19 WR 1173
Court, Judges, Date: Court of Exchequer Chamber, England Cleasby B, Brett J, Channell B, Bramwell B, Willes J, Kelly CB 15 June 1871 Catchwords: Charterparty – Bill of lading – Incorporation of charterparty terms into bill of lading – Demurrage – Dead freight – Detention – Liability of transferee of bill to pay demurrage, dead […]
Miramar Maritime Corporation Appellants and Holborn Oil Trading Ltd. Respondents, The Miramar [1984] AC 676; [1984] AC 676; [1984] 2 All ER 326; [1984] 3 WLR 1; [1984] 2 Lloyd’s Rep 129
Court, Judges, Date: House of Lords, UK Lord Diplock, Lord Scarman, Lord Roskill, Lord Brandon of Oakbrook and Lord Brightman 11 April 1984; 24 May 1984 Catchwords: Charterparty – Bill of lading – Incorporation of charterparty terms into bill of lading – Demurrage – Liability of transferee of bill to pay demurrage Case Report by: […]