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Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (The ‘Bunga Seroja’) - High Court (Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ) - 22 October 1998
A cargo of aluminium coils was damaged during a voyage between Sydney and Fremantle. The coils had been stuffed by the shipper into 10 containers. The primary issue in the case was whether the carrier could rely on the ‘perils of the..
Online Published Date:
08 December 1998
Appeared in issue:
498 - 08 December 1998
Westwood Shipping Lines Inc v Geo International Inc and Anr - Fed Ct (Trial Div)(Rothstein J) - 24 June 1998
The plaintiff was the carrier of three containers of goods from China to Canada. Bills of lading were delivered to the shipper, indicating that the goods were consigned ‘to order’, that the ‘Notify Party’ was the defendant..
Online Published Date:
08 December 1998
Appeared in issue:
498 - 08 December 1998
Owners of the MT ‘Tigr’ and Anr v Transnet Ltd and Anr 1998 (3) SALR 861 (Supreme Court of Appeal)(Hefer, Nienaber, Marais, Schutz and Scott JJA) - 27 May 1998
On 26 June 1996 the barge Bos 400
ran aground and was wrecked near Cape Town. At the time she was being towed by the tug Tigr
. The barge was owned by a French company (‘Bouygues’). The owner of the Tigr
(‘Caspian’) was an..
Online Published Date:
08 December 1998
Appeared in issue:
498 - 08 December 1998
Margate Shipping Co v M/V ‘J A Orgeron’ - US Court of Appeals (5th Circuit) (Garwood, Jolly and Higginbotham Ct JJ) - 29 June 1998
During a severe tropical storm off the Florida coast in November 1994 the vessel Cherry Valley
, an oil tanker belonging to Margate Shipping Co, rescued a barge containing a valuable external fuel tank for NASA’s space shuttle. The district..
Online Published Date:
08 December 1998
Appeared in issue:
498 - 08 December 1998
Doris v The Owners of the ship ‘Ferdinand’ and others - Federal Ct (Trial Div)(Dubé J) - 23 September 1998
North Channel Nautical Village Ltd (‘NCNV’) was the parent company of 12 individual shipowning companies (‘the Owners’), each of which owned a floating home. The floating homes (‘the ships’) were operated by NCNV..
Online Published Date:
08 December 1998
Appeared in issue:
498 - 08 December 1998
London Arbitration 22/98
The vessel was chartered under the NYPE form. She carried a cargo of prime concast slabs under two bills of lading. Prior to her arrival at the discharge port in the United States the charterers had sent the owners’ brokers a signed letter of..
Online Published Date:
22 December 1998
Appeared in issue:
499 - 22 December 1998
London Arbitration 23/98
Two self-trimming bulk carriers were fixed on identical terms based on the Norgrain form for the carriage of wheat from a Canadian port to Iran. A dispute arose under each charter in respect of stevedoring services at the loading port. Clause 10 of..
Online Published Date:
22 December 1998
Appeared in issue:
499 - 22 December 1998
London Arbitration 24/98
Having held that the respondent sellers were in repudiatory breach of contract in relation to an agreement to construct, deliver and sell two multi-purpose open-hatch single-decker vessels at a price of $10.2 million each, the tribunal proceeded to..
Online Published Date:
22 December 1998
Appeared in issue:
499 - 22 December 1998
London Arbitration 25/98
The vessel was chartered on the NYPE form. The charterers withheld hire, claiming that the ship was off hire because of hold cleaning. The owners claimed for the costs of remedying defects in the holds.
Lines 18/22 of the charter provided that the..
Online Published Date:
22 December 1998
Appeared in issue:
499 - 22 December 1998
London Arbitration 26/98
The vessel was chartered on the Tanker Voyage Charterparty form which contained a common form pumping provision to the effect that the ship could discharge the cargo within the agreed laytime or maintain 100 psi at ship’s manifold, providing..
Online Published Date:
22 December 1998
Appeared in issue:
499 - 22 December 1998