Practice - Application to set aside - Forum non conveniens - Plaintiffs brought action in England alleging damage to vessel caused by wet sulphur cargo - Whether action should have been brought in British Columbia - Whether British Columbian time bar should be taken into account - Whether application to set aside should be granted.
Practice - Sale of ship - Intermediate injunction - Buyers in default - Yard proposed to sell vessel to third party - Buyers obtained injunction for period of 10 days restraining yard from disposing of vessel - Whether injunction should be discharged.
Insurance (Marine) - Indemnity - Perils insured against - Damage suffered by yacht - Whether damage caused by external accidental means or latent defect in the hull - Whether damage caused by faulty design - Whether plaintiffs could claim under policy.
Admiralty practice - Stay of action - Alternative forum - Collision in Alexandria Inner Harbour - Action brought in England - Whether Court in Alexandria a more suitable forum - Whether action should be stayed.
Charter-party (Voyage) - Demurrage - Commencement of laytime - Vessel tendered notice of readiness - Discharging berth available but vessel unable to proceed to it because of fog - Whether laytime commenced when notice of readiness given - Effect of “WIBON” provision - Whether owners entitled to rely on words “always accessible berth(s)”.
Insurance (Marine) - Mortgagees’ interest policy - Vessel damaged by fire - Shipowners claimed vessel a constructive total loss - Whether fire an “occurrence” within policy - Whether “passed” meant issued by average adjuster or accepted by hull underwriters - Whether mortgagees could claim under policy.
Charter-party (Voyage) - Cesser clause - Administrative Court of Basrah held owners liable to receivers for damage to cargo - Owners claimed payment from charterers - Whether charterers’ liability ceased upon cargo being shipped.
Charter-party (Time) - Speed and consumption warranty - Measure of damages - Charterers alleged owners in breach of warranty - Effect of “about” in relation to speed figure - Proper method of establishing “average” consumption - Assessment of damages.
Arbitration - Award - Demurrage - Late payment of demurrage - Umpire held charterers liable in damages for difference between exchange rate at bill of lading date and exchange rate at date of award - Whether owners entitled to damages for late payment of demurrage.
Practice - Application to set aside - Allegations of short delivery and damage to cargo - Plaintiffs obtained leave to serve out of jurisdiction - Whether action should have been brought in Hong Kong - Whether application to set aside should be granted.
Admiralty practice - Charter-party (Voyage) - Demurrage - Whether terms of charter contained in booking note - Whether obligation to discharge at minimum agreed rate created - Whether plaintiffs acted reasonably in refusing to give delivery of cargo - Whether plaintiffs entitled to demurrage.
nsurance (Marine) - Bond guarantee - Damage to cargo - Vessel arrested - Owners’ P. and I. Club entered into bond scheme with insurers - Insurers settled cargo-owners’ claim - Whether agreement executed by insurers a contract of insurance or guarantee - Whether insurers could claim indemnity from owners.
Arbitration - Arbitrators - Functus officio - Disputes referred to arbitration - Correspondence between parties solicitors and arbitrators - Arbitrators published final interim award - Whether arbitrators functus officio in relation to all claims made by plaintiffs.
Banking - Guarantee - Withdrawal of vessel for non-payment of hire - Charterers to provide renewable bank guarantee - Bank renewed guarantee in lesser amount - Whether owners entitled to renewal in full amount - Whether guarantee covered arbitration award in respect of dispute relating to pre withdrawal accounts.
Banking - Letter of credit - Injunction - Allegations of fraud - Beneficiaries claimed under letter of credit - Plaintiffs alleged claims fraudulent - Whether bank should be restrained temporarily or permanently from paying under letter of credit.
Insurance (Cargo) - Breach of foreign law - Loss of insured diamonds - Whether a loss occurred which was covered by policy - Whether breach or breaches of the law of Federal Republic of Germany occurred - Whether insurers could rely on such breaches as defence to the claim.
Insurance (Fire) - Allegations of fraud - Damage to property by fire - Underwriters alleged fire deliberately caused - Whether burden of proving fraud discharged - Whether underwriters liable under policy.
Sale of Goods (c.i.f.) - Non-fulfilment - Sellers failed to ship or appropriate goods to contract - Whether buyers entitled to damages based on existence of sub-sales - Whether default clause applicable - FOSFA 80.
Contract of affreightment - Sale of goods (f.o.b.) - Alleged breach of warranty - Whether parties reached a concluded agreement - Whether agreement subject to condition precedent - Whether respondents authorized to contract on behalf of buyers.
Banking - Negligence - Duty of care - Respondents alleged appellant bank gave negligent advice in relation to respondents’ investments - Respondents lost greater part of moneys invested - Whether bank owed respondents duty of care - Whether respondents entitled to damages for negligent advice.
Charter-party (Time) - Fuel costs - Charterers claimed cost of diesel oil used for domestic consumption - Whether claim fell within cl. 20 - Whether cl. 20 extended to all diesel used for domestic consumption by officers and crew - Whether charterers entitled to succeed.
Admiralty practice - Writ in rem - Application to set aside - P. and I. Club gave undertaking to secure release of vessel from arrest - Club in liquidation - Whether Court had power to order substituted service of writ in rem - Whether application to set aside should be granted.
Charter-party (Voyage) - Freight - Non-payment - Bank gave notice of assignment to charterers - Vessel arrested by creditor - Owners unable or unwilling to continue voyage - Charterers incurred transhipment costs - Whether bank entitled to claim freight from charterers - Whether charterers entitled to right of set off.
Charter-party (Time) - Damages for detention - Vessel suffered ranging damage while lightening - Vessel withdrawn for repairs to be carried out - Whether owners obliged to carry out repairs at time they were undertaken - Whether owners entitled to recover damages for period of detention.
Arbitration - Award - Iran-Iraq war - Vessel refused to join convoy - Charterers alleged owners in breach of charter - Arbitrators concluded charterers obliged to order vessel to discharge at safe port - Whether owners entitled to claim demurrage.
Arbitration - Award - Remission - Application to set aside - Interim award made in favour of owners - Whether arbitrators had misconducted themselves - Whether procedural mishap occurred - Whether award should be set aside or remitted.
Arbitration - Arbitrator - Removal - Fixed price lump-sum contract - Dispute referred to arbitration - Whether matters put before arbitrator which should not have been so put - Whether arbitrator properly considered without prejudice issue - Whether arbitrator dealt properly with submissions relating to s. 2 consents - Whether arbitrator should be removed - Arbitration Act, 1979, s. 2.
Sale of ship - Non-acceptance - Condition precedent - Whether contract concluded with first defendants - Whether vessel in contractually deliverable state when tendered - Whether terms of contract condition precedent - Whether sellers in breach - Whether notice of readiness to deliver valid - Whether sellers entitled to damages for non-acceptance.
Practice - Reinsurance - Application to set aside - Whether reinsurance contracts made within the jurisdiction - Whether contracts governed by English law - Whether discretion should be exercised in favour of plaintiffs - Whether application to set aside should be granted.
Salvage arbitration - Award - Costs - Remission - Mistake or misconduct of arbitrator - Amount of sealed offer in excess of amount awarded - No special order as to costs - Whether appeal arbitrator had misconducted himself - Whether award on costs should be remitted.
Arbitration - Stay of action - Limitation of time - Arbitration agreement non-domestic agreement - Stay of action mandatory if Arbitration Act, 1975, s. 1 applicable - Whether time limits under FOSFA applicable - Whether stay of action should be granted - Whether application for extension of time should be granted.
Arbitration - Delay in prosecution - Injunction - Claim in respect of shortage and damage to cargo - Claim in respect of demurrage - Whether cargo claim abandoned or rescinded - Whether owners precluded from exercising a power or discretion to continue with arbitration - Final award in demurrage arbitration - Whether owners precluded from proceeding with cargo claim - Whether injunction restraining owners from proceeding with arbitration should be granted.
Banking - Letter of credit - Construction - Beneficiary bank presented documents to confirming bank - Documents did not comply with letter of credit - Confirming bank paid under reserve - Issuing bank later accepted documents - Whether beneficiary bank liable for financing charges arising out of late acceptance - Date on which final 10 per cent. to be paid.
Carriage by road - C.M.R. - Limitation of time - Damage to goods - Plaintiffs had goods surveyed - Whether claim time barred - Whether written claim made to defendants - Whether period of limitation suspended - Whether survey fee recoverable - C.M.R. art. 32.
Practice - Summary judgment - Sale of crude oil - Non acceptance by defendants - Plaintiffs resold crude oil elsewhere - Plaintiffs claimed damages - Whether plaintiffs entitled to judgment under R.S.C., O.14 - Whether defendants had an arguable defence.
Practice - Settlement - Moneys had and received - Shipowners settled action with plaintiffs - Defendant paid secret commission - Whether sum received by defendant a bribe - Whether money had and received by defendant to the use of plaintiffs - Whether defendant held such moneys as trustee for plaintiffs.
Insurance (Marine) - Breach of warranty - Vessel a total loss - Institute Time Clauses Hulls incorporated - Whether underwriters liable to indemnify mortgagees - Whether managing owner’s interest insurance effected by or for account of managing owners - Whether breach of warranty.
Insurance (Material damage) - Fire - Insured premises damaged by fire - Plaintiffs claimed under insurance policy - Defendants alleged fire either started deliberately or if fire started accidentally plaintiffs aware of its existence - Whether defendants liable under policy.
Sale of goods (f.o.b) - Non-acceptance - Sellers shipped goods - Buyers opened letter of credit - Sellers failed to comply with its terms - Bank refused payment - Whether sellers entitled to recover contract price or damages for non-acceptance.
Insurance (Marine) - Hull and War risks insurance - South African fishing trawler arrested in Mozambique waters - Owners unable to pay fine - Vessel sold - Whether vessel a total and or constructive loss - Proper law of contract - Interpretation of risks clause - Whether loss of vessel caused by arrest - Whether insurers liable - South Africa.
Admiralty practice - Personal injury - Vessel sank with loss of all hands - Plaintiffs claimed damages on behalf of deceased third engineer’s estate - Plaintiffs alleged construction of vessel defective - Whether vessel “equipment” provided by defendants - Whether defendants liable - Employer’s Liability (Defective Equipment) Act, 1969, s. 1.
Arbitration - Limitation of time - Damage to cargo - No arbitrator appointed within time limit - Owners rejected charterers’ claim as out of time - Period of inaction followed - Charterers appointed arbitrator and applied for extension of time - Whether application should be granted.
Carriage by sea - Limitation of time - Cargo wrongfully stowed on deck - Damage to cargo - Whether claim subject to one year time limit of Hague-Visby Rules - Whether time should be extended - Whether notice of arbitration given to charterers as owners’ agents - Whether owners estopped from relying on time bar point - Whether notice could be treated as given to owners - Arbitration Act, 1950, s. 27 - Carriage of Goods by Sea Act, 1971 - Hague-Visby Rules, art. III, r. 6 - Limitation Act, 1980, s. 35(1)(b) - R.S.C., O. 20, r. 5
Practice - Stay of action - Abuse of process - Appropriate forum - Claim by plaintiffs in respect of certain shares - Plaintiffs brought actions in Greece and England - Whether abuse of process - Whether Greece more appropriate forum - Whether action should be stayed.
Admiralty practice - Arrest and sale of vessel - Plaintiffs incurred costs in arresting and preserving vessel - Vessel sold and proceeds paid into Court - Whether plaintiffs entitled to payment out of funds in Court.
Carriage by sea - Damage to cargo - Charterers sold cargo to sub-buyers - Property remained vested in charterers - Charterers obtained payment in full from sub-buyers - Cargo damaged by defective conditions of hatch coamings - Whether charterers could claim substantial damages from shipowners.
Insurance (Marine) - Construction - Leading underwriter clause - Leading underwriter authorized bindingly to agree certain amendments to policy - Endorsements including inter alia one extending period of insurance signed by leading underwriter only - Vessel a constructive total loss - Whether following underwriters liable - Whether plaintiffs entitled to summary judgment.
Reinsurance - Arbitration clause - Retrocession agreement - Defendants retroceded risks to plaintiffs - All terms clauses and conditions to be as original - Whether arbitration clause incorporated - Whether disputes should be referred to arbitration.
Reinsurance - Construction - Excess loss reinsurance - Plaintiffs placed retrocession in respect of their liability for first $100,000 - Whether defendants agreed to accept 25 per cent. or 100 per cent.
Contract of affreightment - Repudiation - Insolvency of plaintiffs - Plaintiffs applied to Japanese Court for protection pursuant to Japanese Corporate Rehabilitation Law - Defendants accepted such conduct as repudiation and terminated contract - Whether plaintiffs entitled to damages for alleged wrongful repudiation - Canada.
Shipbrokers - Commission - Conversion of ore-carrier into oil-rig vessel - Plaintiffs claimed commission on conversion - Whether defendants agreed to pay such commission - Whether plaintiffs established custom or trade usage for paying brokerage on conversions - Hong Kong.
Admiralty practice - Salvage arbitration - Vessel grounded - Salvage services rendered on Lloyd’s Open Form - Whether master authorized to enter into agreement on behalf of cargo-owners - Whether application for injunction restraining the salvors from proceeding with salvage arbitration pending trial of the action should be granted
Arbitration - Award - Remission - Reasons - Dispute under sale contract - Arbitrator made a reasoned award - Allegations that conclusion reached by arbitrator conclusion no reasonable arbitrator could have reached and errors of law on face of award - Whether arbitrator should be ordered to state reasons for primary finding - Whether arbitrator should be ordered to state further reasons - Whether application to remit should be granted - Arbitration Act, 1979 ss. 1, 1(5)
Practice - Writ - Renewal - Gold clause agreement - Damage to cargo - Writ issued within one year period - Failure to renew or serve writ - Time limit under gold clause two years - Whether gold clause agreement applied - Whether validity of writ should be extended.
Charter-party (Time) - Guarantee - Owners claimed sums due under charter - Allegations that defendants undertook to guarantee performance of charter - Whether contract valid - Whether contract ratified or authorized - Whether owners relied on representations made by defendants - Quantum of damages.
Contract - Construction - Joint venture agreement for future operation of Channel Island ferry services - Last minute amendment - Sealink crews took industrial action - Whether JVA permitted time chartering - Whether force majeure clause applicable - Whether plaintiffs in breach for operating cargo vessel through an associated company.