Insurance (Public Liability) - Double insurance - Contribution - Public liability policies effected with insurance company and with Lloyd's underwriters - Policies concurrent - No pro rata average contribution - Settlement by insurance company of assured's claim under policy - Claim for contribution from Lloyd's underwriters made by insurance company - Whether "maximum liability" approach or "independent liability" approach applicable.
Admiralty practice - Judgment in foreign currency - Delay in Supreme Court Pay Office in making payment - Duties of Pay Office and National Debt Commissioners in administration of funds in Court - Supreme Court of Judicature (Consolidation) Act, 1975 - Supreme Court Fund Rules, 1927, as amended, r. 87. Mortgage of ship - Clause in loan agreement that loans to be repaid on demand - Grant by shipowners of further mortgage in breach of clause - Whether demand for repayment of all sums due implied by conduct.
Arbitration - Award - Charter-party - Letter advising owners of date and place of arbitration hearing not received - Umpire's final award in favour of charterers - Whether umpire/arbitrators guilty of technical misconduct - Whether award should be set aside or remitted - Synacomex form of charter-party - Arbitration Act, 1950, ss. 22, 23.
Arbitration - Award - Charter-party - Currency of account of charter-party and bills of lading U.S. dollars - Arbitrators made award in French francs - Whether arbitrators had jurisdiction to make award in currency other than currency of account.
Bill of exchange - Dishonour - Judgment in foreign currency-Bill of exchange drawn by American company on English company and payable in U.S. dollars in England - Bill accepted by drawee-Transfer of bill to third party - Bill dishonoured on presentation - Claim by third party against drawee-Whether judgment could be given in foreign currency- Whether rate of exchange for conversion of sum into sterling was that applicable when payment due or that applicable at date of judgment or its enforcement - Bills of Exchange Act, 1882, ss. 54 (1), 57, 72 (4).
Contract-Guarantee-Third party proceedings -Anti-corrosive painting of vessel's tanks- 3-year guarantee "backed by insurance"- Claim under guarantee settled for £120,800- Whether underwriters liable to indemnify defendants.
Insurance (Fire) - Uninsured building - Sublease -Tenant's obligation to insure-Lessor effected insurance-Tenant not advised of non-renewal -Premises damaged by fire-Whether term implied that lessor would continue insurance - Whether lessor owed tenant duty of care.
Forwarding agents - Negligence - Cartons of radio goods shipped in containers by forwarding agents-Container covered with plastic membrane and tarpaulin - Gash in top of container discovered on vessel's arrival- Goods missing - Whether forwarding agents had taken reasonable care-Whether liable for loss of goods-New Zealand.
Insurance (Marine) - Charterers' liability - On deck stowage and damage to cargo - Contention by consignee that inadequate notice given of on deck stowage-Arrangement between carrier and consignee that carrier would not press for freight charge and consignee would not claim further compensation -Whether risk insured against under charterers' liability policy.
Bill of lading - Limitation of liability - Goods packed in cartons and stowed in containers supplied by carrier - Goods delivered in damaged condition - Carrier entitled to limit liability to U.S. $500 per "package" - Whether carton or container a "package" - United States Carriage of Goods by Sea Act (46 U.S.C.) s. 1304 (5) - United States.
Admiralty practice-Jurisdiction-Criminal law -Theft ". . . on the high seas . . . within jurisdiction of Admiralty of England" - Whether District Court of Western Australia had jurisdiction to try offence-Whether within Admiralty jurisdiction - Merchant Shipping Act, 1894, s. 2.
Shiprepairers - Negligence - Propeller shaft of boat repaired - Owner used boat for some months-Boat found to be making water- Locking nuts on shaft coupling worked loose -Starboard propeller shaft slipped astern- Whether shiprepairers negligent in not warning boat owner of danger in relation to design of shaft coupling - Whether duty of care applicable.
Admiralty practice - Stay of proceedings - Collision in the Pacific Ocean-Action brought by defendants in United States Court- Whether vexatious and oppressive for plaintiffs to continue action on same subject matter in English Courts.
Collision-Negligent navigation-Vessel collided with bridge-Whether defendant was in charge of navigation-Whether bridge owners could sue for damage caused to bridge-Whether collision caused by negligence-Bridge Act, 1791, s. 49.
Sale of goods (c.i.f.)-Prohibition of export- Sale of U.S. soya bean meal c.i.f. Rotterdam -Embargo on export of soya bean meal imposed by U.S. Government-Whether sellers excused by terms of contract from failure to deliver-Whether contract frustrated-Whether buyers' rights under contract had been waived -GAFTA Form No. 100.
Sale of goods (f.o.b.)-Non-delivery-Validity of contract-Goods to be shipped "Destination India"-Buyers intended goods to be shipped to Rumania-Sellers refused to ship goods- Whether buyers entitled to have goods shipped irrespective of destination-Whether cables between buyers and sellers varied contract - Whether sellers estopped from relying on clause "Destination India". Arbitration-Award-Notice of motion to remit or set aside-Whether arbitrators guilty of misconduct-Whether errors of law on face of award.
Conflict of laws-Sale of ship-Service of writ out of jurisdiction-Sale of vessel in London by Liberian corporation to another Liberian corporation-Subsequent sale of same vessel in New York by sellers to another Liberian corporation - Vessel arrested in Quebec by original buyer-Bail bond given by second buyer-Possession of vessel claimed by original buyer-Whether leave to serve writ out of jurisdiction should be granted-Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, ss. 22 (2), 43 (1), 44-Federal Court Rules, r. 307- Canada.
Collision - Traffic separation scheme - Scheme recommended by Canadian Department of Transport-Vessel following recommendations grounded - Vessel in charge of compulsory pilot - Whether Department negligent in recommending scheme - Whether grounding due to pilot's negligence-Whether owners of vessel responsible for such negligence- Pilotage Act (S.C. 1970-71-72, c. 52) s. 31- Canada.
Insurance (Marine) - Non-disclosure - Boat builders' risk policy-Failure by assured boat builder to inform insurer that permit to carry on business at premises was refused by local authority - Assured's impecuniosity not disclosed -Whether assured in breach of implied warranty that adventure was a lawful one- Whether insurers entitled to avoid policy- Marine Insurance Act of British Columbia (R.S.B.C. 1960, c. 231) ss. 4, 19, 20, 35, 43- Canada.
Insurance (Marine) - Protection and indemnity risks-Mortgagees of ship named as loss-payee under policy - Ship ran aground - Owners declared a general average - Mortgagees unable to recover cargo-owners' contribution - Whether mortgagees could claim under policy-United States. Arbitration - Stay of action - Arbitration clause in P. & I. Clubs rules-United States.
Charter-party (Voyage) - Demurrage - Arrived ship - Grain vessel anchored at Weser light vessel while waiting for berth at port of Brake - Vessel made two trips up River Weser to port of Brake and returned to light vessel - Whether vessel had "arrived" at port of Brake - Baltimore Form C.
Carriage by road - "C.M.R." conditions - Customs and excise duty - Whisky in bond intended for export-Theft of whisky while in England-Revenue claimed dub-Whether carrier liable for value of whisky in bond and excise duty-Carriage of Goods by Road Act, 1965, s. 1. sched. arts. 23 (1), (2) and (4) Customs and Excise Act, 1952, s. 85.
Insurance (Third party liability)-Warranty- Underwriters to indemnify contractors against all claims arising from the warranty - Proportion of claim contractors required to bear-Whether all costs and expenses incurred by contractors under warranty constituted one claim.
Charter-party (Time)-Hire-Redelivery-Vessel chartered for 11/13 months-Charterers fixed vessel for legitimate last voyage Continent to Karachi-Vessel redelivered 29 days late- Whether hire for 29 days to be based on market rate for a time charter "trip" or market rate for an 11/13 months time charter-Baltimore charter-party, cl. 7.
Charter-party (Consecutive voyage)-Redelivery -Vessel performed eight voyages-Disponent owners required her to perform a ninth voyage-Voyage charterers refused-Whether voyage charterers obliged to give instructions for a ninth voyage.
Charter-party (Time) - Hire - Non-payment of hire - Owners instructed master to stop discharge of cargo-Whether owners cancelled charter-party-Whether owners temporarily withdrew vessel-Whether owners exercised a lien on cargo.
Sale of goods (c.i.f.)-Non-delivery-Prohibition of export-Suspension of export licence- Sellers unable to perform contract-Buyers claimed damages for non-delivery-Whether sellers protected by cl. 21 of GAFTA 100.
Injunction-P and I Club-Shipowners failed to pay calls-Club arrested ship in Aruba to obtain security for claim-Whether shipowners entitled to an interlocutory injunction to restrain club from bringing or continuing proceedings in foreign jurisdiction-Whether steps taken by club constituted a breach of the arbitration clause in r. 27.
Bill of lading - Definition - "Shipped in apparent good order and condition" document issued by freight forwarder-Arrival of goods in damaged condition-Vessel time-chartered by freight forwarder - Whether document issued was a bill of lading under Canadian Carriage of Goods by Water Act and Hague Rules, arts. I and VI-Canada.
Insurance (Marine) - Manna operators' legal liability policy - Cruiser with leaking fuel tank - Tank removed by operator - Fuel oil spilt-Operator pumping oil with pump in conjunction with electric drill-Oil ignited with spark from drill - Vessel destroyed-Whether insurers liable for loss- Whether loss occurred in "alteration, repair or maintenance" of vessel-Canada.
Admiralty practice - Jurisdiction - Vessel damaged and new rudder required - Rudder fitted by American company with no place of business in Canada - Claim against company by shipowner - Whether cause of action disclosed - Whethter Federal Court (Trial Division) had jurisdiction to entertain action - Federal Court Act, s. 22(2)(n) - Federal Court Rules, r. 419 - Canada.
Charter-party (Voyage)-Freight-Short delivery -Whether charterers entitled to pay reduced freight - Whether claim should have been made "within one year after delivery of the goods"-Hague Rules, Art. III, r. 6.
Charter-party (Time) - Nomination of loading port-Charterers hired vessel for "one time charter trip via safe ports East Coast Canada" - Whether charterers entitled to order vessel to proceed to U.S. Gulf - Whether owners entitled to additional hire -New York Produce Exchange Time Charter form-"Institute warranty limits . . . U.S.A. East of Panama."
Carriage by road - "C.M.R." conditions - Carcases of pigs carried in refrigerated vehicle from Northern Ireland to Switzerland - Arrival in bad condition - Whether loss due to inherent vice - Burden of proof - Whether carrier liable - Whether sub-carrier also liable - C.M.R. Convention, arts. 9, 17, 18, 32, 39.
Charter-party (Time) - Redelivery - Bunkers - Owners to pay for fuel remaining on board vessel - Charterers intended to redeliver vessel with full bunkers - Whether owners obliged to pay for bunkers in excess of their requirements - Whether owners in breach for ordering master not to accept further bunkers - New York Produce Exchange form.
Charter-party (Time) - Redelivery - Vessel redelivered late - Whether owners entitled to damages for late redelivery - Whether charterers ought to have been permitted to employ vessel on one further voyage - Whether owners entitled to part of demurrage received by charterers under sub-charter - New York Produce Exchange form.
Collision - Crossing/overtaking vessels - Vessels proceeding in southerly direction - Collision after dark in fine weather and good visibility - Whether crossing or overtaking rules applied - Apportionment of liability - Collision Regulations rr. 19, 21 and 24.
Charter-party (Time) - Withdrawal - Institute Time Warranty limits - Vessel ordered outside limits - Extra insurance premium payable - Whether owners entitled to withdraw vessel for non-payment of additional premium - Whether bank received payment before owners withdrew vessel - New York Produce Exchange form.
Practice - Injunction - Non-payment of freight - Injunction to restrain removal or disposal of assets from within jurisdiction granted - Whether owners application to set aside writ and injunction should be granted - R.S.C., O. 11, r. 1 (1) (i).
Practice - Procedure - Subpoena - Expert witness - Bank of England subpoenaed to give expert evidence as to par value of dollar and pound sterling - Subpoena not relating to facts within bank's internal activities but relating to facts with which bank had no connection - Application by bank to discharge subpoena - Whether application should be granted.
Contract - Discharge - Bonds issued in 1928 by German city - Redemption to be in 1953 in £ sterling or U.S. dollars at fixed rate of exchange at bondholder's option - Default by city on outbreak of war - New agreement as to redemption made in 1955 - Option for bondholder to be paid in dollars removed - Redemption date to be 1973 - Amount to be determined by par values "in force" as agreed with International Monetary Fund - Both currencies "floating" by 1973 - At what rate bondholder should be repaid.
Banking - Cheque - Dishonour - Cheque stopped by drawer on ground of (i) failure of consideration and (ii) misrepresentation by third party inducing him to draw it - Action on cheque by holder - Whether drawer liable - Bills of Exchange Act, 1882, ss. 27, 30.
Bill of lading - Stevedores - Goods discharged and placed in warehouse - Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods- Goods obtained by thief without presentation of documents - Whether ship's agents and stevedores liable - Whether stevedores not parties to contract could rely on exclusion cLauses in bill of lading - Whether claim time barred - Australia.
8B. Applications relating to the retention in foreign currency of the proceeds of sale of a ship or other property, or the dealing with such proceeds after lodgment. (See Administration of Justice Act, 1965, s. 6 and Supreme Court Funds Rules, 1975, rr. 16 and 37.)
Insurance (Marine) - Freight policy - Loss of time charter hire - Stranding of vessel and subsequent repairs - Vessel off hire from time of stranding to conclusion of repairs - Whether insured owners entitled to indemnity for loss incurred under freight policy - Whether claim "consequent on loss of time" within Institute Time Clauses Freight, cl. 8 - New York Produce Exchange time charter, cl. 15.
Arbitration-Stay of proceedings-Dishonoured bills of exchange-Arbitration in Germany- Action in England-Whether English action should be stayed - Whether claims on bills of exchange should be decided by arbitration - Arbitration Act, 1950, s. 4 - Arbitration Act, 1975, s. 1 (1).
Charter-party (Voyage)-Demurrage-Expiry of laytime - Cargo fumigated while vessel waiting in roads-Owners claimed demurrage - Whether charterers entitled to exclude period occupied in fumigation from calculation of demurrage.
Sale of goods (c.i.f.) - Breach of contract - Accord and satisfaction - Contract for sale of U.S. solvent extracted soya bean meal c.i.f. Bremen by instalments - Export of meal prohibited by U.S. Government - One instalment affected - Claim by buyers for breach of contract - Whether there had been accord and satisfaction of claim - GAFTA form no. 100, cll. 10, 21, 22, 26.
Sale of goods (c.i.f.) - Non-delivery - Delay in shipment due to bad weather - Sellers' request for extension of time refused - Sellers invoked force majeure clause of GAFTA contract - Buyers claimed damages in default - Whether sellers liable for failure to ship within time.
Practice - Injunction - Takeover bid - Company in financial difficulty deciding to make rights issue - Financial report of company's prospects given in confidence to institutional shareholders - Institutional shareholders invited to underwrite issue - Rival company invited by institutional shareholders to join in underwriting - Report shown to rival company - Rival company declining to underwrite issue but proposing to make takeover bid - Whether injunction restraining takeover bid should be granted.
Collision-Crossing vessels-Vessels approaching in opposite directions on reciprocal courses- Defective radar lookout during approach period and failure to reduce speed-Visibility restricted -One vessel in addition altering 10 deg. to starboard at improper time and going to starboard at the last instead of putting her engines full astern-Apportionment of blame.
Collision - Crossing vessels - Vessels approaching in opposite directions off Cape St. Vincent in a crossing situation - Whether stand-on ship failed to keep her course - Whether other vessel failed to give way in ample time - Apportionment of blame - Collision Regulations, 1960, Part D, Steering and Sailing Rules, preliminary, par. 1,1 rr. 19, 21, 22, 23.
Admiralty practice - Actions in rem - Jurisdiction - Foreign sovereign - Whether vessel owned by Republic of Cuba - Whether vessel beneficially owned by defendants - Whether writs and all subsequent proceedings should be set aside on ground that foreign sovereign impleaded - Whether plaintiffs could invoke Admiralty jurisdiction - Administration of Justice Act, 1956, s. 3 (4).
Carriage by air - Limitation of liability - Theft of box of platinum from aircraft - Whether plaintiffs claim discharged by agreement - Whether loss caused by misconduct of airline's loaders acting within scope of their employment - Whether airline took all necessary steps to avoid loss - Whether loss caused or contributed to by plaintiffs' negligence - Warsaw Convention, arts. 20, 21, 22 and 25.
Banking - Sovereign immunity - Documentary credit - Foreign state - Bank failed to honour obligations - Whether bank part of Federal Government of Nigeria - Whether bank entitled to sovereign immunity.
Conflict of laws-Foreign judgment-Interlocutory and final judgments obtained by plaintiffs against defendants in U.S. Courts-Application by plaintiffs to enforce judgments in English Court by appointment of receiver by way of equitable execution -Whether receiver should be appointed-R.S.C. Orders 11, 45, 50, 51. Practice-Judgment-Foreign judgment-Whether English Court entitled to appoint receiver by way of equitable execution.
Admiralty practice-Collision-Damages in foreign currency-Loss and expense incurred in foreign currencies-Whether damages could be awarded in foreign currency-Restitutio in integrum-Whether damages awarded in foreign currencies on the basis of the currency of expenditure or loss solution- Effect of set-off where claims in different currencies.
Sale of goods (c. and f.)-Non-delivery-Discussions between buyer and sellers-Whether original contract abrogated-Whether new contract subject to arbitration provisions of original contract. Arbitration-Award-Sale of goods-Whether award should be set aside on grounds of arbitrators misconduct and/or excess of jurisdiction.
Sale of ship - Condition - Implied condition - Merchantable quality-Sale of power boat to private buyer in England-Intention of parties that real buyer would be non-United Kingdom resident-Company registered in Jersey purporting to be real buyer-Contract excluding liability for breach of implied condition-Boat totally lost by fire due lo faulty electrical installation or circuit-Whether novation of contract-Whether boat of merchantable quality-Whether sale a "consumer sale"-Whether sale a contract for the international sale of goods-Whether fundamental breach-Effectiveness of exclusion clause-Sale of Goods Act, 1893, ss. 14(2), 55(4), (5) (7), (8), 61(6), 62(1), (1A).
Limitation of action-Arbitration-Charter-party- Whether owners' claims time barred-Whether arbitration proceedings commenced earlier than on appointment of arbitrator-Whether charterers acknowledged owners' claim for freight and demurrage-Limitation Act, 1939, ss. 23 (4), 27 (3).
Bill of lading-Exemption clause-Clause exempting agents, servants and independent contractors of shipowner from liability for damage to goods-Container containing scrap left at terminal awaiting shipment-Container lost through negligence of terminal operators-Whether terminal operators entitled to benefit of exemption clause-Whether clause afforded protection against gross negligence-Canada.
Contract - Illegality - Freight contract for carriage of oil by Italian shipowners for company registered in Bahamas - Oil to be loaded at Mediterranean ports "excluding Israel" - Discharge in Bahamas - Whether against public policy - United States Export Regulation Act 1969 (50 U.S.C) ss. 2401-2413 - New York Executive Law, s. 296 - United States. Arbitration - Stay of proceedings - Recognition of arbitration agreement between two foreign corporations - United States Arbitration Act (9 U.S.C.) ss. 201-208 - United States.