ARKO SHIP LEASING LTD AND ANOTHER V WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER

[2015] HKCFI 1897, High Court of the HKSAR, Court of First Instance, Peter Hon Ng J, 19 October 2015

Carriage of goods - Port feeder barge sinking with containers on board - Sinking likely caused by excess weight - Duties of declaration of weight of goods and containers - Trade practices - Previous course of dealing - Implied terms - Misrepresentation

This action arose out of the sinking of a container feeder barge in Hong Kong waters on 30 April 2009 with 49 containers on board fully laden with cargo. The first plaintiff, a BVI corporation, was the bareboat charterer, and the second plaintiff its closely associated shipping agent. The defendant was the shipper of the containers on board. This was the judgment on the plaintiffs' and defendants' claims and cross-claims on issues of liability; issues of quantum having been left for a later date.