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).
Admiralty practice - Appraisement and sale of ship - Two mortgages on vessel executed by owners - Vessel subsequently let out under speculative charter-party - Mortgage debt not repaid - Vessel arrested - Application by mortgagees for order for appraisement and sale of vessel - Objection by owners - Application by charterers for release of vessel from arrest - Whether mortgagees' security impaired.
Charter-party (Voyage) - Laytime - Vessel arrived in roads at Nampo - "Time lost waiting for berth to count as discharging time" - Whether "berth" means "any berth" or particular berth to which vessel is to proceed for discharge - Whether time lost provision applies to an "arrived ship" - Whether interest payable on lesser sum of award.
Charter-party (Time) - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Owners assigned moneys to bank - Bank obtained summary judgment under O.14 - Whether charterers ought to be given leave to defend - R.S.C., O.14.
Charter-party (Time) - Stay of action - Wrongful repudiation of charter by charterers - Shipowners claimed unliquidated damages - Whether shipowners entitled to summary judgment under R.S.C., O. 14 - Whether charterers entitled to stay of action - R.S.C., O. 14 - Arbitration Act, 1975, s. 1.
Practice-Limitation of liability-Damage to cargo- Undertaking by shipowners' P and I Club to honour cargo-owners' claims against shipowners- Shipowners alleged demise charterers liable- Whether cargo-owners could add demise charterers as additional defendants-Whether time bar under art. III, r. 6, of the Hague Rules applied-R.S.C., O. 15, r.6.
Admiralty practice-Action in rem-Negligent navigation-Casualty in River Tagus within port of Lisbon-Crossing vessels in imminent danger of collision-Violent avoiding action averted collision-Whether near collision and grounding of vessel caused by negligent navigation-Collision Regulations, r. 25(a)-Instructions for Navigation and Stay in Port of Lisbon, arts. 18.104.22.168, 22.214.171.124.
Charter-party (Time) - Speed warranty - Slow steaming by vessel due to bottom fouling - Whether speed warranty applicable at date of charter and/or at date of delivery - Whether charterers entitled to withhold hire for loss of time due to slow steaming and failure to prosecute voyage with utmost dispatch - Baltime 1939.
Sale of goods (f.o.b.)-Non-delivery-Prohibition- Licence for export of soya bean meal from Greece granted-Subsequent revocation of licence- Whether sellers excused from performance of contract-GAFTA contract forms 119, 125. Arbitration-Award-Appeal from award-Whether appeal barred-GAFTA contract form 125.
Insurance (Employers' Liability)-Personal injury- Policy covering building contractor in respect of liability for personal injury suffered by employee in course of employment-Employee employed at contractor's site-Employee returning from local leave and travelling in employer's vehicle-Vehicle involved in accident and employee injured- Whether accident occurred "in course of employment."
Insurance (Contractor's All Risk) - Exclusion clause - Policy excluding liability for "faulty or improper workmanship" and "faulty or improper design" - Concrete tank to be built by insured contractors - Top of tank to be welded to wall by metal struts - No welding carried out by insureds' employees - Tank filled with water to test it - Bursting of tank - Claim by insured - Whether loss fell within exception clause - Whether insurers estopped from denying liability - Canada. Insurance (Contractor's All Risk) - Policy - Construction - Contra proferentem rule.
Arbitration-Stay of action-Bill of lading containing arbitration clause-Goods shipped at Toledo, Ohio, for delivery at Leith, Scotland-Vessel operated by Greek company-Officers and crew Greek-Vessel grounding in St. Lawrence River- Cargo damaged-Arbitration clause stating that disputes must be submitted to arbitration in London-Action brought in Canadian Court by cargo-owners-Application by shipowners to contest Court's jurisdiction or stay action by reason of arbitration clause-Whether application should be granted-Factors to be considered-Canada.
Admiralty practice - Action in rem - Arrest of vessel by owners of damaged cargo - Whether shipowners knew of arrest - Whether arrest unlawful and unconditional - Supplemental Rules for Certain Admiralty and Maritime Claims, rr. A to F. - U.S. Constitution Fifth Amendment - United States.
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 duty - 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.
Conflict of laws-Sale of goods-Foreign judgment- Buyers failed to pay for goods-Sellers obtained judgment in French Court-Whether judgment could be registered and enforced in England- Foreign Judgments (Reciprocal Enforcement) Act, 1933, ss. 1, 2, 4, 5.
Sale of goods (c.i.f.)-Non-delivery-Prohibition of export-Suspension of export licence-Sellers unable to perform contact-Buyers claimed damages for non-delivery-Whether sellers protected by cl. 21 of GAFTA 100.
Contract - Shipbuilding - Rejection - Vessel described in charter as "to be built at Osaka Shipbuilding Co. Ltd. Hull No. 352" - Vessel built at Oshima - Whether misdescription - Whether Charterers entitled to reject vessel - Whether shipowners entitled to summary judgment under R.S.C., O. 14.
Practice-Injunction-Banking-Sale of goods- Bank guarantee-Bank guaranteed refund of advance payment if non-delivery-Buyers alleged non-delivery-Whether bank bound to honour guarantee-Whether injunction to restrain buyers from claiming under guarantee should be granted.
Banking - Letter of credit - Performance bond - Contract between English suppliers and Libyan customers - English bank issued performance bond - Libyan bank issued unconfirmed letter of credit - English suppliers repudiated contract - Whether English bank bound by performance bond.
Contract-Negligence-Valuation of shares in default of agreement-Whether valuation binding- Whether valuer owed a duty to exercise proper cure and skill in preparing valuation-Whether action ought to be dismissed under R.S.C., O. 18, r. 19.
Admiralty practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Wether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners' action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.
Charter-party (Voyage)-Laytime-Special clause in charter provided for commencement of laytime- Vessel shifted from one berth to another-Whether shifting interrupted running of laytime-Baltimore form C charter-party.
Carriage by road - Stay of proceedings - Exemption clause in bill of lading - Carrier sub-contracted carriage of goods to hauliers - Goods stolen while in custody of hauliers - Indorsees of bills of lading claimed damages against haulier - Whether indorsee bound by exception clause - Whether action and all further proceedings should be stayed - Judicature Act, 1925, s. 41.
Charter-party-Indemnity-Damage to jetty-Master signed "Conditions of Use . . . of Jetties . . ." before vessel allowed to berth-Vessel ranged against jetty causing damage-Whether shipowners bound by indemnity clause in document signed by master-Whether master had express, implied, or ostensible authority to sign document.
Sale of goods (c.i.f.) - Non-delivery - Notice of appropriation - Date of default - Sellers failed to give notice of appropriation in relation to 200 tonnes of soya bean meal - Whether sellers in default - Whether sellers' notice of appropriation relating to 39.2 tonnes valid - Whether date of default July 10 or 11 - GAFTA 100.
Arbitration - Stay of proceedings - Plaintiff granted exclusive licence to market diisopyramide base throughout the world except U.S.A. - Defendants introduced diisopyramide phosphates into U.K. - Whether infringement of U.K. patent - Whether defendants had taken a step in the action - Whether action ought to be stayed - Arbitration Act, 1975, s. 1.
Insurance (Motor)-Passenger liability-Exclusion clause-Liability excluded unless passenger carried "by reason of or in pursuance of a contract of employment"-Plaintiffs' lorry overturned killing passenger-Judgment obtained against plaintiffs- Whether plaintiffs could claim an indemnity from insurers-Whether insurers could rely upon exclusion clause.
Charter-party (Voyage)-Arbitration-Words "& Arbitration" added to general average clause- Whether clause covered disputes as to demurrage- Whether owners' application for appointment of sole arbitrator should be granted.
Practice - Procedure - Payment into County Court - Motor car accident - Defendants' insurers made payment into Court - Action automatically stayed under County Court rules - Whether Court had power to set aside stay of proceedings in County Court.
Charter-party (Voyage) - Laytime - Vessel failed to obtain customs' clearance - Charterers rejected first, but accepted second, notice of readiness - Whether first notice valid - Date of commencement of laytime.
Charter-party (Consecutive Voyage)-Freight- Construction of freight clause-Worldscale rates applicable-Freight payable upon completion of discharge of cargo-Whether "Worldscale as amended" related to Worldscale as amended as at the date of accrual of obligation to pay freight.
Insurance (Consequential Loss)-Insurance brokers- Cancellation of existing policies-New insurance cover arranged-Brokers negligently advised plaintiffs that double insurance in force-New insurance cover cancelled-Brokers failed to advise plaintiffs that existing cover cancelled-Fire at plaintiffs premises-No available insurance- Whether plaintiffs entitled to recover from brokers.
Carriage by road - "C.M.R." - Damage to goods in transit - Whether third defendants "last carriers" within art. 36 - Whether writ and service of notice of writ on third defendants should be set aside - Carriage of Goods by Road Act, 1965, Schedule, arts. 4, 34, 35 and 36.
Bill of lading - Exception clause - Scrap copper received for shipment at Montreal - Owners given engagement note by general agents - Exemption clauses of bills of lading incorporated into engagement note - Stipulation in bill of lading that stevedores could rely on exemption clauses - Cargo shipped in containers at Montreal - Cargo found to be missing after discharge of vessel - Negligence but not gross negligence of general agents and stevedores - Whether exemption clauses could be relied on - Canada.
Collision - Crossing vessels - Vessels meeting end on in river - Whether insufficient room for port to port passing - Collision during manoeuvre - Apportionment of blame - Liability to cargo-owners - Recovery by cargo-owners from contributorily negligent non-carrying vessel - United States.
Bill of lading-Unseaworthiness-Container supplied by owners of container vessel to shippers of tin ingots-Container breaking loose during voyage- Other containers swept overboard or damaged- Whether loss due to bad stowage of container or structural defect of container-Whether vessel's owner had exercised due diligence to make vessel seaworthy-United States Carriage of Goods by Sea Act, 1936, s. 4(1) (46 U.S.C. s. 1304(1))- United States.
Charter-party (Time)-Hire-Non-payment of hire- Action in rem-Vessel arrested-Whether vessel which had no connection with claim could be arrested-High Court (Admiralty Jurisdiction) Act, (Cap. 6), s. 3(1), s. 4(4)-Singapore.
Charter-party (Time) - Hire - Non-payment of hire - Action in rem - Vessel arrested - Whether Admiralty jurisdiction of the High Court could be invoked against other ships of the charterers in respect of same maritime claim - Singapore.
Bill of lading-Exclusion of liability-Clause purporting to extend to independent contractor immunity of carrier-Crude oil tower damaged while being discharged by harbour authority- Whether authority could rely on exemption clause-Whether harbour regulation exempting authority from liability was ultra vires-East African Harbours Corporation Act, s. 76-East African Harbour Regulations, reg. 61(1), 184(1), 187-Kenya.
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.
Negligence - Personal injuries - Stevedore's death caused by negligence of fellow worker - Whether port authority vicariously liable - Whether port authority exempted by by-law 26 from liability to the deceased - Whether by-law ultra vires.
Charter-party (Demise) - Hire - Contract for hire of two barges - Misrepresentation by owners as to deadweight capacity - Non-payment of hire - Whether owners liable for misrepresentation - Misrepresentation Act, 1967, ss. 2(1), 3.
Charter-party (Time) - Redelivery - Bunkers - Owners to pay for fuel remaining on board vessel - Charterers intended to redeliver vessel with full 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 (Voyage) - General average - Undertaking by charterers to pay general average contribution "which may be legally due" - Whether undertaking contractual - Whether Jason clause prevented recovery of general average - Whether vessel unseaworthy at beginning of voyage - Baltimore Berth Grain form C.
Arbitration - Reinsurance - Arbitration clause in treaty of reinsurance - Claim by insurers against reinsurers - Validity of arbitration clause - Whether insurers entitled to summary judgment under R.S.C., O.14 - Whether action should be stayed for reference to arbitration.
Charter-party (Time) - Procedure - Interpleader - Jurisdiction - Charter hire paid into joint account - Expenses incurred in operating vessels - Whether charter hire should be used to discharge liabilities - Whether Court had jurisdiction to order disposal of interpleaded moneys - R.S.C., O.17, r.8.
Practice - Charter-party (Time) - Intervener - Vessel mortgaged to bank - Vessel a total loss - Bank claimed insurance moneys - Whether charterers should be allowed to intervene - R.S.C., O.15, r. 6(2)(b)(ii).
Sale of goods (f.o.b.) - Non-delivery - Prohibition - Licence for export of soya bean meal from Greece granted - Subsequent revocation of licence - Whether sellers excused from performance of contract - GAFTA contract forms 119, 125. Arbitration - Award - Appeal from award - Whether appeal barred - GAFTA contract form 125.
Insurance (Motor) - Exclusion clause - Policy covered "use for social domestic and pleasure purposes" - Father using son's car to take son's employee home involved in accident - Whether father's insurers liable to pay one-half of damages - Whether exclusion clause applied.
Charter-party (Time) - Hire - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Whether term of charter that managers only changed with consent of charterers.
Arbitration - Costs - Disputes arising out of charter-party referred to arbitration - Arbitrator made award in favour of shipowners - Awarded costs of hearing and of award to charterers - Whether arbitrator misdirected himself - Whether costs should follow the event.
Insurance (Marine) - Policy - Reformation (i.e. rectification) of policy - Barges insured under policy giving coverage on a "per vessel" basis - Claim against insurers for loss of barges destroyed in one accident - Denial of liability by insurers on ground that parties intended coverage to be on "per occurrence" basis - Whether policy should be reformed - United States.
Practice - Injunction - Charter-party - Charterers executed debenture in favour of bank - Disputes arose under charter-party - Owners obtained Mareva injunction - Receiver appointed by debenture holder - Whether injunction should be discharged.
Sale of goods (f.o.b.) - Non-delivery - Argentine state organ extended monopoly to include Candeal and/or Taganrog wheat - Sellers could only buy wheat from state organ - Prevented from fulfilling contract - Whether sellers protected by prohibition clause - GAFTA 64, cl. 14.
Salvage - Contract - Validity - Master signed Lloyd's form of salvage agreement - Master refused to allow salvors to perform contract - Whether master had authority to sign agreement - Whether contract invalidated on grounds of misrepresentation, mistake and non-disclosure.
Charter-party (Time) - Arbitration - Misconduct of arbitrators - Whether charterers had opportunity of putting all evidence and submissions before arbitrators - Whether absence of opportunity a serious procedural mishap - Whether charterers had waived right to remit award - Whether application for extension of time should be granted.
Sale of goods (c.i.f.) - Non-delivery - Waiver - Buyers accepted part of June instalment but rejected further appropriation - Whether buyers had waived their rights - Whether buyers' claim to damages for non-delivery time barred - GAFTA 100, 125.
Sale of goods (c.i.f.) - Carrying charges - Late arrival and/or nomination of vessel - Whether carrying charges amounted to a penalty or a genuine pre-estimate of damages - Whether late nomination of vessel by buyer - Whether seller entitled to interest on carrying charges - GAFTA 64.
Sale of goods (c.i.f.)-Non-delivery-Force majeure-Flooding of Mississippi River-Delay in shipment-Sellers gave notice of extension of shipment period-Whether notices valid-Whether sellers liable to buyers in damages-GAFTA 100.
Arbitration - Sale of goods - Non-delivery - Buyers in earlier arbitration proceedings obtained declaration of liability - Sellers refused payment of buyers' debit note - Buyers referred claim for damages to arbitration - Whether buyers' claim for damages should have been raised at same time as issue of liability.
Banking - Fiduciary duty - Trust account opened on behalf of beneficiaries - Whether an express trust created - Whether bank a constructive trustee - Whether bank owed a fiduciary duty to beneficiaries.
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.
Admiralty practice-Action in rem-Arbitration clause incorporated into bills of lading-Damage to cargo-Ship arrested-Whether dispute should be referred to arbitration-Whether owners entitled to unconditional release of ship-Whether cargo-owners entitled to a "Mareva" injunction- whether action should be stayed-Arbitration Act, 1975, s. 1(1).
Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.
Product liability - Sale of goods - Sellers sold seed potatoes infected with virus - Buyers suffered loss of profit - Whether loss of profits recoverable from sellers - Whether sellers protected by their own conditions of sale - Sale of Goods Act 1893, ss. 14, 55.
Product liability-Sale of goods-Implied condition-Defective towing coupling supplied by seller to owner of vehicle-Coupling broke and trailer colliding with other car-Whether coupling fit for purpose and of merchantable quality- Whether collision in contemplation of parties- Whether loss too remote-Sale of Goods Act, 1893, s. 14(1), (2). Negligence-Duty of care-Defective towing coupling-Coupling fitted to vehicle-Trailer breaking loose from vehicle after coupling parted- Collision with occupants of other car-Whether owner and driver of vehicle and manufacturer of coupling liable.
Insurance (Fire)-Non-disclosure-Plaintiff did not disclose previous convictions-Buildings destroyed by fire-Whether insurers could avoid liability for non-disclosure-Whether non-disclosure material- Whether plaintiff under a duty to disclose previous convictions.
Insurance (Fire) - Non-disclosure - Insurance brokers - Plaintiff did not disclose previous convictions to insurers - Property destroyed by fire - Whether non-disclosures material - Whether brokers aware of plaintiff's criminal record - Whether insurers could avoid policy - Whether insurers entitled to an indemnity from brokers.
Sale of goods (c.i.f.)-Arbitration-Non-acceptance -Buyers alleged goods were disconform to the contract-Arbitrators found in favour of sellers-Refused to state special case-Whether buyers' application for special case to be stated should be granted.