GUANGZHOU NANHUAXI CO., LTD VS. GUANGDONG HONGKONG MACAU SHIPPING CO., LTD, DISPUTE OVER WRONGLY SHIPPING CARGOES :Carrier wrongly shipped two groups of cargoes from the same shipper, which should be shipped to two different destination ports, to the contrary ports; and the cargoes are constructive loss. The shipper asked compensation of the loss of cargoes and other losses from the carrier; the carrier counterclaim, asking the shipper to pay the freight. The court holds that the carrier shall bear the liability of wrongly shipping the cargoes and indemnify the losses of the shipper’s cargoes, but the shipper’s obligation of paying the freight cannot be released by the wrongly shipping.　

This case has been trailed by Guangzhou Admiralty Court and the facts mentioned above have been found. Collegial bench holds: the original insurance contract sustains. The plaintiff, as the keeper of the steamship, GUANGDA, managing GUANGDA with Unite Company together, has the insurance benefit from the liabilities insured by the guarantee slip.

In this case, the loaner, ZCC, and the loanee, HRC, are legal persons of company registered in Hong Kong and the guarantee FBJ is a government office of People’s Republic of China, thereby, this case is a dispute over commercial contract related to Hong Kong.

Applicant for Reconsideration, Inter-aegis Association for China Shipping Owners, Taking Exception to Civil Ruling:This court accepted and heard the cases of conservation of maritime evidence of Mine Transportation Ltd. and Inter-aegis Association for China Shipping Owners. The applicant for reconsideration, taking exception to the Civil Ruling (File 2002MGLB No.36-1) rendered by this court, lodged an application for reconsideration to this court on August 5th, 2002, asking this court to modify the Civil Ruling (File 2002MGLB No.36-1) to remove the conservation of maritime evidence of Inter-aegis Association for China Shipping Owners and Mine Transportation Ltd. to bear economic losses of Inter-aegis Association for China Shipping Owners made by wrongly application.　

ZIM ISRAEL NAVIGATION COMPANY LTD., SUN HING SHIPPING CO.,LTD,Dispute over releasing goods without original B/L:The facts found by the court of the first trail, which both parties have no objection on, are: on 25th December 1999, JYC, as the entrusting party, signed an Agency Agreement on Exporting (File: 99 JFC No.038) with GUANGDONG JIANGMEN FOREIGN TRADE DEVELOPING CO. LTD. (hereinafter referred to as “ FTC”), promising that JYC entrusted FTC to service as agent on exporting business, in the period of 1st January 2000 to 31st December 2001.　

It is agreed in the towage contract that the tug owner shall not be responsible for the damage or loss caused to the object in the course of the sea towage. When the object in tow sinks in the course of the towage, the court judged the tug owner to be irresponsible for the damage or loss.

The (2001)Hu-gao-jing-zhong-zi-442 cases relates to the following issues: 1. The lessee should bear the liability for compensating the shortfall freight resulted from the failure for meeting the load draught due to the limitation of water depth of sea-routes in case that it is recorded on the voyage charter that the lesser is obligate to ensure the safety of ports and berths; 2. The beginning of the term of loading and unloading should be counted according to the voyage charter, and it should be applied the shipping custom of “once delay, forever delay” when counting the demurrage charge unless the lessee is faulty or the parties reach other stipulations different from the above custom; 3. The premise of applying the equitable principle is that no party bears the liability for the damage and the term of navigation control should be included into the demurrage if the lessee prior breaches the voyage charter.

After “M/V Hengyun” arrives at the port of destination, it is measured that the actual volume of the unloaded cargo recorded on the freight-prepaid BL exceeds the volume recorded on the BL. The carrier asks the BL holder to make for the freight. The maritime court judges: when it is agreed in the transportation contract to count the freight according to the volume of cargo, the volume of exterior packaging should be the standard for counting except for the special agreement. The freight-prepaid BL just means the shipper has paid the carrier the freight according to the volume of cargo recorded on the BL. If the actual volume of unloaded cargo exceeds the recorded volume, the BL holder should make for the residual freight.

Controversy Over The Ownership of Stock In A Chinese and Foreign Equity Joint Venture:Since practicing the policy of reformation and open-up, more and more foreign businessmen come to invest in China thanks to the improvement of investment circumstances. However, a number of legal problems arise in the course of dealing business with foreign countries, which are to be solved in the trial practice. In the following case, the foreign corporation of a Chinese and foreign equity joint venture claims stock, which dose not realize due to the lack of evidence.

In this case, Textile Company is not only the supplier but also the lessee. In accordance with the leaseback purchasing contract and the contract for financial leasing signed by the parties, Textile Company sells goods to Trust Corporation first in order to gain merchantable capital, then leases the goods that it has just sold out and pays the rent to Trust Corporation in installment form.