Oil Cargo - Shortage - Preservation of Evidence

27.12.2017 |Articles

In September 2005, after the completion of discharging the goods from the ship “Silva” allegedly laden on board 75,293 tons of fuel oil at Nansha Port in PRC, the consignee alleged that it was found about 1,200 tons of cargo short landed, and soon afterwards applied to the court for the arrest of the Vessel demanding for a security in amount of RMB 5 million from the ship interests. Then, the consignee, together with its insurer, claimed against the ship interests for compensation in amount of RMB 4.3 million.

After acceptance of appointment from the ship owners and the ship’s P&I Club, Mr. Huang Yaquan and Mr. Huang Hui of Huang & Huang Co. Law Firm actively adopted the positive measures to deal with the situation, personally went to the scene of accident to investigate the matter and made effective and fruitful defence in the court hearing through legal channels, such as evidence preservation, evidence investigations, appointing inspection units to conduct inspections and so on, They enabled the court of first instance to make judgment that the ship interests only needed to compensate the cargo interests the amount of RMB 0.5 million, which has protected the legal rights and interests of the appointers to the utmost, and minimized their losses.

The cargo interests brought appeal of the case before Guangdong Provincial High Court due to objection of the judgment made by the court of first instance. Through our efforts, on 20th April 2007 the high court maintained the judgment of the court of first instance.