Cargo shortage claim
27.12.2017 |Articles
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In April of 2002,a vessel arrived at Chiwan Port, Shenzhen carrying more than 4000 tons of bagged Urea and Potash Fertilizer on board from Yuzhny in Ukraine. After discharging the goods from the ship, it was found cargo short-landing from the ship. After that, the consignee, “A” company in Shenzhen immediately lodged an application for the arrest of the ship and brought a claim before Guangzhou Maritime Court against the ship owner for recovery of the amount of about USD 170,000. Mr. Huang Yaquan handled this case for and on behalf of the ship owner. Through Mr. Huang’s efforts, the first instance turned down all the litigation requests made by the consignee. Owing to objection of the judgment made the first instance court, the consignee brought appeal of the case to Guangdong Provincial High People’s Court, but the second instance court maintained the judgment made by the first instance court. Thus, the owner of the vessel shall bear no liability for compensation in the end of the case.
Afterwards, Huang & Huang Co. Law Firm lodged a counterclaim on behalf of the ship owner and operator against the consignee asking for the loss of ship’s earning and other related costs/expenses resulted from the delay of ship’s sailing in accordance with the judgments mentioned above. The court finally decided that the consignee shall compensate the ship interests the amount of more than USD 30,000 as the loss suffered by the ship interests as resulted from delay of the ship’s sailing.
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