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Birkenfeld v Kendall and Anr – High Court of New Zealand (Randerson J) – 7 June 2007
(2008) 736 LMLN 3(2)
In 2002 a collision occurred between a windsurfing board ridden by the plaintiff, Ms Birkenfeld, and a rigid inflatable boat (“RIB”) owned by the second defendant Yachting New Zealand (“YNZ”) and driven..
Online Published Date:
06 February 2008
Appeared in issue:
736 - 06 February 2008
F C Yachts Ltd v The owners and all others interested in the vessel bearing Hull No QFY10703E709 and Ors – Federal Court (Harrington J) – 30 November 2007
(2008) 736 LMLN 3
The plaintiff, F C Yachts, was building two yachts for the account of defendant Splash Holdings Ltd (“Splash”). FC Yachts alleged that Splash failed to make progress payments due on the second yacht, and they arrested..
Online Published Date:
06 February 2008
Appeared in issue:
736 - 06 February 2008
Kremikovtzi Trade v Phoenix Bulk Carriers Ltd (The “Swift Fortune” No 2) – Federal Court of Appeal (Nadon, Sharlow and Malone JJA) – 4 December 2007
(2008) 736 LMLN 2
By a contract of affreightment dated 27 July 2005 between Kremikovtzi Trade (“Kremikovtzi”) as cargo owners and Phoenix Bulk Carriers Ltd (“Phoenix”) as shipowners, Kremikovtzi agreed to ship a cargo of..
Online Published Date:
06 February 2008
Appeared in issue:
736 - 06 February 2008
PNSL Berhad v Dalrymple Marine Services Pty Ltd (The “Koumala”) – Supreme Court of Queensland (Helman J) – 19 April 2007
(2008) 736 LMLN 1
The plaintiffs owned the dry bulk coal carrier Pernas Arang
which was damaged in a collision with the defendants’ tug Koumala
off Hay Point, Queensland in February 1995. The Koumala
had been preparing to tow the Pernas..
Online Published Date:
06 February 2008
Appeared in issue:
736 - 06 February 2008
Crowley Maritime Corporation v Boston Old Colony Insurance and Ors – Court of Appeal of State of California (Marchiano PJ, Stein and Margulies JJ) – 11 January 2008
(2008) 737 LMLN 4
The plaintiff shipowners sued insurers Boston Old Colony Insurance Company (“Boston”) for indemnification in respect of mesothelioma claims brought on behalf of two of its tugboat captains. The plaintiff settled the..
Online Published Date:
20 February 2008
Appeared in issue:
737 - 20 February 2008
Crusader Fisheries Ltd and Anr v Maritime New Zealand – High Court of New Zealand (Wild J)– 11 December 2007
(2008) 737 LMLN 3
The fishing vessel Mi Jay
was lost at sea. The vessel sailed from Nelson on 22 November 2005. Her movements after leaving port were unknown. All that was known was that the master intended to fish at a location off the Canterbury..
Online Published Date:
20 February 2008
Appeared in issue:
737 - 20 February 2008
PNSL Berhad v Dalrymple Marine Services Pty Ltd (The “Koumala”) – Supreme Court of Queensland (Court of Appeal) (Williams and Muir JJA and Daubney J) – 30 November 2007
(2008) 737 LMLN 2
The plaintiffs owned the dry bulk coal carrier Pernas Arang
which was damaged in a collision with the defendants’ tug Koumala
off Hay Point, Queensland in February 1995. The Koumala
had been preparing to tow the Pernas..
Online Published Date:
20 February 2008
Appeared in issue:
737 - 20 February 2008
Golden President Shipping Corporation v Bocimar NV (The “Channel Alliance”) – QBD (Com Ct)(Cooke J) – 31 January 2008
(2008) 737 LMLN 1
The vessel Channel Alliance
was let to the charterers on a NYPE form as amended for a period of 5 years, with charterers’ options to extend for a further 6th and 7th year. In due course the charterers exercised their options..
Online Published Date:
20 February 2008
Appeared in issue:
737 - 20 February 2008
London Arbitration 5/08
(2008) 738 LMLN 3
The vessel was chartered on the NYPE form as amended for a minimum of 90 and a maximum 150 days’ service. Disputes arose in relation to the condition of the ship’s holds, on delivery and later during performance of the..
Online Published Date:
29 February 2008
Appeared in issue:
738 - 29 February 2008
North American Specialty Insurance Company v Debis Financial Services Inc (The “Atlas”) – US Court of Appeals (5th Circuit) (Davis, Wiener and Prado Ct JJ) – 25 October 2007
(2008) 738 LMLN 2
The plaintiff insurance company insured a jack-up barge, named the L/B Atlas
(“the vessel”) under a policy that contained both hull and machinery coverage and protection and indemnity coverage. The defendant mortgagee..
Online Published Date:
29 February 2008
Appeared in issue:
738 - 29 February 2008
Ferryways NV v Associated British Ports – QBD (Com Ct) (Teare J) – 14 February 2008
(2008) 738 LMLN 1
On 26 October 2005 Oleksiy Prutskoy (“the deceased”), the Ukrainian chief officer of the vessel Humber Way
, was killed during cargo operations at Immingham, a port operated by the defendant. The deceased was hit by a..
Online Published Date:
29 February 2008
Appeared in issue:
738 - 29 February 2008