A container containing textiles was carried by sea from Shanghai to the port of Limassol in Cyprus under a Bill of Lading issued by the Defendant to the Plaintiff. The container was first delivered into temporary custody, and then to the Plaintiff’s Cypriot buyer (G Co.) by order of the court in Limassol, as a result of an action brought by the buyer against the Plaintiff. The Plaintiff retained possession of the full set of Bills of Lading, and sued the Defendant in these proceedings, seeking recovery of the value of the goods that had been delivered without presentation of the original Bills of Lading. The Court held that although delivery of goods without presentation of the original Bill of Lading would normally be a breach of contract by the carrier leading to liability, the Defendant had been ordered to deliver the goods by a lawful order of a court of the place where the goods were at the time, so it could not be held liable to the Plaintiff.

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G. K International Group Co., Ltd. v. Fancheng International Transportation Service Co., Ltd.

  • Martin Davies,
  • Jiang Lin

摘要

A container containing textiles was carried by sea from Shanghai to the port of Limassol in Cyprus under a Bill of Lading issued by the Defendant to the Plaintiff. The container was first delivered into temporary custody, and then to the Plaintiff’s Cypriot buyer (G Co.) by order of the court in Limassol, as a result of an action brought by the buyer against the Plaintiff. The Plaintiff retained possession of the full set of Bills of Lading, and sued the Defendant in these proceedings, seeking recovery of the value of the goods that had been delivered without presentation of the original Bills of Lading. The Court held that although delivery of goods without presentation of the original Bill of Lading would normally be a breach of contract by the carrier leading to liability, the Defendant had been ordered to deliver the goods by a lawful order of a court of the place where the goods were at the time, so it could not be held liable to the Plaintiff.