HON CHUN t/a EURO-ASIA EXPRESS v. WESTRANS AIR EXPRESS (HK) LTD.

HCA 2484/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2484 OF 1995

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J U D G M E N T

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1. This is an action by the plaintiff to recover damages for breach of contract of carriage due to late delivery. The defendant counterclaimed for unpaid carriage charges. The plaintiff was neither present nor represented at the hearing. The plaintiff's claim is therefore dismissed.

2. On the counterclaim, the defendant adduced evidence that the plaintiff had contracted with the defendant for four other deliveries. These evidence include four sets of the plaintiff's shipping instructions, the defendant's airway bills, and invoices. These shipments had been delivered but had not been paid for.

3. Having satisfied myself that the defendant has discharged its burden of proof on the counterclaim in accordance with civil standard, I enter judgment in favour of the defendant on the counterclaim for the amount of $488,861.10 as claimed with interest at half judgment rate from the 21 October 1995 until judgment and thereafter at judgment rate until payment, and costs to be taxed, if not agreed.