In brief - What lessons can be learned from Li Lian
International Ltd and Others v Herport Hong Kong Ltd and Anor
[2019] KHCFI 826; HCAJ 160/2015?
This decision of the Honourable Ng in the High Court of Hong
Kong, Special Administrative Region, is another recent example of
the liabilities that freight forwarders, who are Non-Vessel
Operating Common Carriers (NVOCCs) face when issuing their own
bills of lading and taking on the risks and responsibilities that
the actual carrier has.
The claims, which were made by seven plaintiffs, including cargo
owners and their insurers against the freight forwarder, arose from
the total loss of the container vessel "MOL Comfort" in
the Indian Ocean in mid 2013, when the vessel fractured amidship,
split into two halves and eventually sank with all the cargo on
board.