Bua International Ltd v Hai Hing Shipping Co Ltd (The 'Hai Hing') - QBD (Com Ct)(Rix J) - 14 January 2000

Practice - Service of writ out of jurisdiction - Claimant obtaining two extensions of time for service of writ on defendant in Thailand - Defendant applying to set aside the extensions and service - Time bar issues - Principles on which Court should exercise its discretion - Whether service should be set aside

A cargo of bagged rice was carried from Bangkok to Lagos on the defendant's vessel Hai Hing under six bills of lading, all dated 15 May 1997. The bills were on the Congenbill form, 1978 edition. The Congenbill form stated on its front that it was 'To be used with Charter-Parties' . It contained a blank line introduced by the words 'Freight payable as per Charter-Party dated', and it also provided 'FOR CONDITIONS OF CARRIAGE SEE OVERLEAF'. The reverse of the Congenbill form contained provisions incorporating 'All terms and conditions, liberties and exceptions of the Charter Party, as dated overleaf', and also a General Paramount Clause whose effect was to incorporate the Hague Rules. However, by some mischance, the reverse of the six bills of lading in the present case was blank.