i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

Niobe Maritime Corporation v Tradax Ocean Transportation SA - Court of Appeal (Sir Thomas Bingham MR, Beldam and Saville LJJ) - 8 February 1994

The vessel Apache (since renamed Niobe ) was on the Norwegian Saleform (1983 Revision). A dispute arose as to the construction of clause 11 of the contract, which provided: “11. Condition on delivery The vessel with everything belonging to..

Online Published Date: 05 March 1994

Appeared in issue: 374 - 05 March 1994

Sim Swee Joo Shipping Sdn Bhd v Shirlstar Container Transport Ltd - QBD (Com Ct) (Mance J) - 16 February 1994

The claimants entered into an inter-related long term agreement and lease agreement under which they were to hire 100 containers from Containerworld Leasing Ltd (“CCL”) for five years, at the end of which the claimants would have a..

Online Published Date: 05 March 1994

Appeared in issue: 374 - 05 March 1994

Furness Withy (Australia) Pty Ltd v Black Sea Shipping Co (The “Roman Karmen”) - QBD (Com Ct) (Mance J) - 17 February 1994

The vessel Roman Karmen was chartered under the NYPE form as amended. The charterparty stated that the vessel was “classed L3 Class Russian Register … and about 39369 metric tons deadweight capacity (cargo and bunkers, including fresh..

Online Published Date: 05 March 1994

Appeared in issue: 374 - 05 March 1994

Gulfgate Marine Transportation Co Inc v A/S Dampskibsselskabet Svendborg (The “Nicole Trahan”) - US Court of Appeals (5th Circuit) (Jolly, Wiener and Emilio M Garza Ct JJ) - 12 January 1994

Whilst fogbound in the Mississippi River and anchored along the shore, the vessel Svendborg Maersk (“the vessel”) was struck by the Gulfgate’s tugs Michael Trahan and Nicole Trahan , and sustained damage. At the time, the vessel..

Online Published Date: 05 March 1994

Appeared in issue: 374 - 05 March 1994

Prekookeanska Plovidba v Felstar Shipping Corporation and another (The “Carnival”) - Court of Appeal (Russell, Farquharson and Hirst LJJ) - 3 March 1994

The plaintiffs’ vessel Danilovgrad , a 15,396 grt ore carrier, was in the process of mooring alongside the Setramar berth at Ravenna. The first defendants’ vessel Carnival , laden with a cargo of 32,630 tonnes of soya bean meal, passes..

Online Published Date: 19 March 1994

Appeared in issue: 375 - 19 March 1994

Gill & Duffus SA v Rionda Futures Ltd - QBD (Com Ct) (Clarke J) - 14 February 1994

The defendants had guaranteed the performance of the obligations of the buyers under a contract for the sale of sugar to them by the plaintiffs. The contract of sale was dated 8 May 1986 and was for the sale of 11,400 metric tons of Cuban sugar..

Online Published Date: 19 March 1994

Appeared in issue: 375 - 19 March 1994

Joint Stock Society “Oceangeotechnology” v The Ship “1201” (ex “John A MacDonald”) and others - Federal Ct (Trial Div) (Teitelbaum J) - 17 January 1994

The plaintiff brought an action in rem against the vessel 1201 (ex John A MacDonald ) and caused the vessel to be arrested. The defendants filed a Notice of Motion applying for an order that the proceedings be struck out and the warrant for arrest..

Online Published Date: 19 March 1994

Appeared in issue: 375 - 19 March 1994

Correction - LMLN 374

In Furness Withy (Australia) Pty Ltd v Black Sea Shipping Co (The “Roman Karmen”) LMLN 374 Stephen Ruttle (Sinclair Roche & Temperley) appeared for the owners, and John Lockey (Lawrence Graham) appeared for the charterers, and not..

Online Published Date: 19 March 1994

Appeared in issue: 375 - 19 March 1994

Veldhoen v United States Coast Guard - US District Ct (ED Louisiana) (Feldman DJ) - 16 November 1993

Officers of a foreign vessel brought proceedings against the United States Coast Guard challenging the investigation of a collision on the high seas between two foreign vessels. There were a number of US citizens on board, but there were no injuries..

Online Published Date: 19 March 1994

Appeared in issue: 375 - 19 March 1994