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Loucas G Matsas Salvage & Anr v The Fund in Respect of the Proceeds of Sale of the Ship ‘Ionian Mariner’ - Federal Court (Ryan J) - 14 November 1997
On 24 October 1996 the plaintiff salvors brought proceedings in rem
against the proceeds of sale of the ship Ionian Mariner
claiming salvage remuneration pursuant to a salvage award made in London pursuant to LOF 90. The salvage services had taken..
Online Published Date:
09 June 1998
Appeared in issue:
485 - 09 June 1998
Morlines Maritime Agency Ltd & Ors v The Proceeds of Sale of the Ship ‘Skulptor Vuchetich’ - Federal Court (Sheppard J) -15 May 1997
The vessel Skulptor Vuchetich
was sold by order of the court, which then had to determine the priority of various claims against the proceeds of sale.
Amongst various claims on the proceeds of sale, one claim was that of the original plaintiff,..
Online Published Date:
09 June 1998
Appeared in issue:
485 - 09 June 1998
Maritime Insurance Co Ltd v M/V ‘Sea Harmony’ and Ors - US District Court (SDNY)(Stein DJ) - 29 April 1998
The plaintiff cargo interests brought proceedings against the vessel Sea Harmony
in rem
and other defendants in personam
After the container containing the cargo had been discharged it had been turned over to the defendant Exolgan SA..
Online Published Date:
09 June 1998
Appeared in issue:
485 - 09 June 1998
Belship Navigation Inc v Sealift Inc (The ‘Huntsville’) -Before Jack Berg, Richard A Zimmerman and Henry E Engelbrecht (Chair) - 26 February 1998
The registered owners of the vessel Huntsville
were Huntsville Navigation Headowning Co Ltd of Malta. They chartered the vessel to Seabon Holding Corporation of Panama (‘the disponent owners’. The disponent owners in turn time-chartered..
Online Published Date:
09 June 1998
Appeared in issue:
485 - 09 June 1998
Jian Sheng Co Ltd v Great Tempo SA and Ors (The ‘Trans Aspiration’) - Federal Court of Appeal, (Pratt, Décary & Linden JJA) - 14 April 1998
The plaintiff was the consignee of a cargo of lumber, part of which had been lost overboard during carriage from Canada to Taiwan on the vessel Trans Aspiration
. The carriage had been booked with the defendant Sinotrans Canada Inc (‘Sinotrans..
Online Published Date:
09 June 1998
Appeared in issue:
485 - 09 June 1998
Nippon Yusen Kaisha v Scindia Steam Navigation Co Ltd - QBD (Com Ct)(Rix J) - 30 April 1998
The vessel was ordered off her discharging berth by the port authorities until security was put up for the costs of storing and removing from the port area cargo which had been damaged by an ingress of seawater. The issues in this case were: Who,..
Online Published Date:
23 June 1998
Appeared in issue:
486 - 23 June 1998
Drouot Assurances SA v Consolidated Metallurgical Industries and Ors - European Court of Justice (C Gulmann, President of Chamber and Judges M Wathelet, J C Moitinho de Almeida, D A O Edward and L Sevon)(Advocate General N Fennelly) - 19 May 1998
A barge carrying cargo from Rotterdam to a French port on the Rhine foundered in Netherlands inland waters. The hull insurers had the barge refloated at their own expense, and brought proceedings in France against inter alios
the cargo owners and..
Online Published Date:
23 June 1998
Appeared in issue:
486 - 23 June 1998
The Owners of the cargo lately laden on board the MV ‘Sea Joy’ v The MV ‘Sea Joy’ - Cape Provincial Division (Thring J) - 7 August 1997
The plaintiff shippers (who owned the relevant cargo) brought an admiralty action in rem
against the vessel and the shipowners in respect of cargo damage. The cargo had been improperly stowed in the vessel. As a result, the cargo had shifted,..
Online Published Date:
23 June 1998
Appeared in issue:
486 - 23 June 1998
Porto Seguro Companhia De Seguros Gerais v Belcan SA and Others (The ‘Federal Danube’) - Supreme Court (L’Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ) - 18 December 1997
The vessels Beograd
and Federal Danube
collided on 11 December 1984. The plaintiff insurers of the cargo on board the Beograd
had paid their insured in respect of the loss of the cargo of beans and now brought a subrogated claim against inter..
Online Published Date:
23 June 1998
Appeared in issue:
486 - 23 June 1998