Jian Sheng Co. Ltd. v. Trans Aspiration ( The )
T-2219-96
Hargrave P.
7/4/97
9 pp.
Motion to stay action pursuant to jurisdiction clause in favour of Hong Kong contained in bill of lading for carriage of lumber from Nanaimo, B.C. to Taiwan-Plaintiff claiming sum of U.S. $395,865.92 for loss of, damage to lumber-Important issue identity of carrier-Bill of lading, on generic form, issued March 13, 1996 by Sinotrans, in favour of Taipei Business Bank, with Jian Sheng Co. Ltd., plaintiff herein, as plaintiff to be notified-Jurisdiction clause on reverse of bill of lading-Whether defendant, Great Tempo S.A., entitled to stay of Canadian proceedings in favour of courts in Hong Kong-Application denied-Jurisdiction clause contained in bill of lading void for uncertainty-Bill of lading not necessarily contract of carriage-Booking note herein containing superseding clause-Plaintiff not party to booking note, which was between shipper, McMillan Bloedel Limited and Sinotrans' principal-Jian Sheng Co. Ltd., as only plaintiff in proceeding, could not sue on portion of contract in booking note as not party to booking note-Jurisdiction clauses must be clear, precise before ought to be honoured-Nothing in bill of lading to identify carrier-Great Tempo S.A. apparent owner of Trans Aspiration, might be carrier-Main purpose of jurisdictional clause in bill of lading clear, precise designation of jurisdiction in which cargo owner ought to sue when carriage of cargo gone wrong-Jurisdiction clause herein offering no guide, certainty as to where action on bill of lading ought to be commenced-Jurisdiction not in Hong Kong by reason of uncertainties inherent in jurisdiction clause in bill of lading-Motion dismissed.