HON CHUN T/A EURO-ASIA EXPRESS v. WESTRANS AIR EXPRESS (HK) LTD.

HCA002484/1995

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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BETWEEN
HON CHUN trading as EURO-ASIA EXPRESS Plaintiff
AND
WESTRANS AIR EXPRESS (HK) LIMITED Defendant

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Coram: Deputy High Court Judge To in Court

Date of Hearing: 21 November 2000

Date of Judgment: 21 November 2000

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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 counterclaimedfor unpaid carriage charges. The plaintiff was neither present nor represented at the hearing. The plaintiff’s claim is thereforedismissed.

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 shipmentshad 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 judgmentrate from the 21 October 1995 until judgment and thereafter at judgment rate until payment, and costs to be taxed, if not agreed.

(Anthony To)
Deputy High Court Judge

Representation:

Mr Hon Chun, Plaintiff in person (Absent)

Mr Adonis K W Cheung, instructed by M/s Nie & Company for the Defendant