Anraj Fish Products Industries Ltd and Anr v Hyundai Merchant Marine Co Ltd and Ors - Federal Ct (Trial Div)(Reed J) - 10 December 1999

Conflict of laws - Exclusive jurisdiction clause - Whether Canadian proceedings should be stated in favour of Korea

The plaintiffs (shippers and buyers of the relevant cargo) claimed $150,000 damages arising out of the defendant’s carriage of a cargo of fish from Bangladesh to New York on the defendant’s vessels. The cargo was inspected on arrival in New York and the evidence relating to the state of the fish and their unsuitability for human consumption would come from New York witnesses. The accident that allegedly gave rise to the damage occurred in France. The buyers were an Ontario corporation. The shippers were from Bangladesh. The conclusion of the contract with the defendant, namely the surrender of the bill of lading, took place at the defendant’s Toronto office. The buyers were the ‘notify party’ on the bill of lading and surrendered the bill of lading to the defendant’s Toronto office in order to obtain delivery of the cargo in New York. The defendant was a Korean company, but it had offices around the world, including three offices in Canada, one of which was in Toronto.