PERFECT BEST ASSET MANAGEMENT INC V ADL EXPRESS LTD AND ANOTHER

[2021] HKCFI 2310, Hong Kong SAR Court of First Instance, Deputy High Court Judge Whitehead, SC in Court, 13 August 2021

Contracts (bills of lading) – Misdelivery – Delivery without presentation of the bills of lading – Proof of quantum

The plaintiff had manufactured and sold seven containers of computer accessories and shipped them through the defendant logistics services provider. Combined bills of lading (CBLs) had been issued by the defendant as carrier to the plaintiff as shipper. The defendant had arranged shipment with an actual carrier and received ocean bills of lading (OBLs) issued by that carrier. In all bills of lading, a second defendant (who had not been served with proceedings and the claim against whom was dismissed) was named as consignee. The cargoes had been delivered to the ultimate end buyer in Kotka, Finland, and the plaintiff had been paid in part.