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RUSTENBURG PLATINUM MINES LTD. JOHNSON MATTHEY (PTY.) LTD. AND MATTHEY BISHOP INC. v. SOUTH AFRICAN AIRWAYS AND PAN AMERICAN WORLD AIRWAYS INC.

Carriage by air - Limitation of liability - Theft of box of platinum from aircraft - Whether plaintiffs' claim discharged by agreement - Whether loss caused by misconduct of airline's loaders acting within scope of their employment- Whether airline took all necessary steps to avoid loss - Whether loss caused or contributed to by plaintiffs' negligence - Warsaw Convention, arts. 20, 21, 22 and 25.

[1979] 1 Lloyd's Rep. 19

THE "UNIQUE MARINER" (No. 2)

Salvage-Award-Master signed Lloyd's form of salvage agreement with salvors-Refused to allow salvors to perform contract-Salvors standing-by- Rights of superseded salvors-Whether salvors entitled to restitutio in integrum either as compensation or as damages for breach of contract.

[1979] 1 Lloyd's Rep. 37

PRACTICE DIRECTION

The Inheritance (Provision for Family and Dependants) Act, 1975-Endorsement of orders on grants of representation.

[1979] 1 LLOYD'S LAW REPORTS 122

JAMES & CO. SCHEEPVAART EN HANDELMIJ B.V. v. CHINECREST LTD.

Contract - Agency - Freight - Defendants collecting freight for plaintiffs - Dispute as to terms of contract - Defendants failed to pay freight to plaintiffs - Whether plaintiffs' claim for account of money due entitled to succeed - Whether defendants could plead set-off.

[1979] 1 Lloyd's Rep. 126

HYUNDAI HEAVY INDUSTRIES CO. v. PAPADOPOULOS AND OTHERS

Contract - Shipbuilding - Guarantee - Buyers defaulted in payment - Plaintiffs rescinded contract - Whether rescission based on contractual right - Writ issued after contract rescinded - Whether there was an accrued right to unpaid instalments before date of rescission.

[1979] 1 Lloyd's Rep. 130

THE "KYLIX" AND "RUSTRINGEN"

Collision-Negligent navigation-Collision in Thames Estuary-Both vessels inward bound- Whether collision caused by negligent navigation of one or both vessels-Liability for collision- Apportionment of liability.

[1979] 1 Lloyd's Rep. 133

THE "AVANCE"

Collision - Crossing vessels - Collision off port of Dakar - Liability for collision - Apportionment of liability.

[1979] 1 Lloyd's Rep. 143

GOLAR GAS TRANSPORT INC. v. THE LIQUEFIED GAS SHIPPING CO. LTD. AND OTHERS GOLAR GAS CARRIERS INC. v. SAME GOLAR GAS TANKERS INC. v. SAME THE LIQUEFIED GAS SHIPPING CO. LTD. v. GOLAR GAS TRANSPORT INC. SAME v. GOLAR GAS CARRIERS INC. (THE "HILLI", "KHANNUR" AND GIMI")

Charter-party (Time)-Hire-Production of liquefied natural gas interrupted-Charterers gave notices suspending payment of hire-Whether notices valid-Whether owners entitled to claim balance and outstanding hire-Whether charterers entitled to recover hire allegedly overpaid.

[1979] 1 Lloyd's Rep. 153

CHINA-PACIFIC S.A. v. THE FOOD CORPORATION OF INDIA (THE "WINSON")

Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.

[1979] 1 Lloyd's Rep. 167

RE ALLOBROGIA STEAMSHIP CORPORATION (THE "ALLOBROGIA")

Company - Winding-up - Third party rights against insurers - Petition for winding-up opposed by P and I Association - Whether contract between company and association a contract of insurance - Whether company's claim against association could be enforced by third parties - Rules of the Protecting and Indemnity Club - Third Parties (Rights against Insurers) Act, 1930, s. 1.

[1979] 1 Lloyd's Rep. 190

FEDERAL COMMERCE AND NAVIGATION LTD. v. MOLENA ALPHA INC. SAME v. MOLENA BETA INC. SAME v. MOLENA GAMMA INC. (THE "NANFRI" "BENFRI" AND "LORFRI")

Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.

[1979] 1 Lloyd's Rep. 201

UNITRAMP v. GARNAC GRAIN CO. INC. (THE "HERMINE")

Charter-party (Voyage) - Safe port - Vessel prevented from leaving port - Whether port "safe" at time of its nomination - Whether temporary obstacles preventing vessel leaving port rendered it unsafe.

[1979] 1 Lloyd's Rep. 212

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG JR.

Sale of goods (c.i.f.) - Prohibition of export - Force majeure - U.S. soya bean meal sold c.i.f. Rotterdam - Shipment to be made monthly April/September, 1973 - Embargo on shipment of U.S. soya bean meal imposed by U.S. Department of Commerce - Whether buyer had waived rights to performance under June bills of lading - GAFTA 100.

[1979] 1 Lloyd's Rep. 221

WOOLCOTT v. EXCESS INSURANCE CO. LTD. AND MILES, SMITH, ANDERSON AND GAME LTD.

Insurance (Fire)-Non-disclosure-Insurance brokers -Plaintiff did not disclose previous convictions to insurers-Property destroyed by fire-Whether non-disclosures material-Whether brokers aware of plaintiff's criminal record-Whether insurers could avoid policy-Whether insurers entitled to an indemnity from brokers.

[1979] 1 Lloyd's Rep. 231

WILLCOCK v. PICKFORDS REMOVALS LTD.

Practice - Arbitration - Contract - Whether contract included arbitration clause - Whether submission to arbitration - Whether action should be stayed - Arbitration Act, 1950, s. 4 - Arbitration Act, 1975, s. 1(1).

[1979] 1 Lloyd's Rep. 244

THE "GLENFALLOCH"

Collision - Crossing vessels - Collision in the Irako channel of the port of Nagoya - Liability for collision - Apportionment of liability.

[1979] 1 Lloyd's Rep. 247

DALY v. GENERAL STEAM NAVIGATION CO. LTD. (THE "DRAGON")

Negligence - Exemption clause - Personal injury - Plaintiff injured on board defendants' ship - Whether accident caused by defendants' negligence - Whether defendants could rely on exclusion clause in ticket - Quantum of damages.

[1979] 1 Lloyd's Rep. 257

BUNGE S.A. v. KRUSE

Sale of goods (c.i.f.) - Arbitration - Prohibition of export - Non-delivery - Validity of appointment of buyers' arbitrator - Whether appointment within time - Whether application for extension of time should be granted - Whether sellers protected by cl. 21 - Whether award should be remitted - GAFTA 100.

[1979] 1 Lloyd's Rep. 279

SALMOND AND SPRAGGON (AUSTRALIA) PTY LTD. v. PORT JACKSON STEVEDORING PTY LTD. (THE "NEW YORK STAR")

Bill of lading - Exemption clause - Stevedores - Goods discharged and placed in warehouse - Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods - Goods obtained by thief without presentation of documents - Whether ship's agents and stevedores liable - Whether stevedores not parties to contract could rely on exclusion clauses in bill of lading - Whether claim time barred - Australia.

[1979] 1 Lloyd's Rep. 298

THE "PERMINA 3001"

Charter-party (Time)-Hire-Non-payment-Action in rem-Vessel arrested-Whether vessel "beneficially owned as respect all shares therein"- High Court (Admiralty Jurisdiction) Act (Cap. 6) s. 4 (4) Singapore.

[1979] 1 Lloyd's Rep. 327

DIAMOND v. BANK OF LONDON & MONTREAL LTD.

Practice - Jurisdiction - Plaintiff alleged fraudulent misrepresentation - Whether tort committed within jurisdiction - Whether leave to serve notice of writ out of jurisdiction should be granted - R.S.C., O.11, r. 1(1) (h).

[1979] 1 Lloyd's Rep. 335

SARONIC SHIPPING CO. LTD. v. HURON LIBERIAN CO.

Charter-party (Voyage)-Contract of affreightment- Bunker escalation clause-Claimants submitted invoices for increased costs of bunkers-Vessels in question neither owned by nor demised to claimants-Whether principles of course of dealing, estoppel waiver or restitutio in integrum applied-Whether special case should be remitted-Essovoy 1969.

[1979] 1 Lloyd's Rep. 341

A/S A WILCO v. FULVIA S.p.A. DI NAVIGAZIONE (THE "CHIKUMA")

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.

[1979] 1 Lloyd's Rep. 367

PROMOS S.A. v. EUROPEAN GRAIN & SHIPPING LTD.

Sale of goods (c.i.f.) - Non-acceptance - Whether insurance certificate tendered complied with contract - Whether variations affected other clauses in contract - Whether buyers entitled to reject goods - GAFTA 15.

[1979] 1 Lloyd's Rep. 375

COSTAIN-BLANKEVOORT (U.K.) DREDGING CO. LTD. v. DAVENPORT (THE "NASSAU BAY")

Practice - Marine insurance - Exclusion clause - Dredger sucked up Oerlikon shells - Explosion caused - Whether loss of dredger due to "war risks" - Whether plaintiffs entitled to resist revenue's claim for balancing charge - Construction of exclusion clause - Capital Allowances Act, 1968, s. 33 (7) - War Risks Insurance Act, 1939, s. 1 (2), Sched. 1, cl. 9 (3).

[1979] 1 Lloyd's Rep. 395

DAVIDSON v. GUARDIAN ROYAL EXCHANGE ASSURANCE

Insurance (Motor) - Contract - Implied term - Insurers exercised option to repair car - Whether implied term that repairs should be executed within a reasonable time - Whether insured entitled to damages for loss of use of car - Scotland.

[1979] 1 Lloyd's Rep. 406

THE "HELLENIC GLORY"

General average - Jason clause - Vessel sustained engine failure and had to be towed - Owners declared general average - Engine failure caused by crew negligence - Whether cargo-owners could recover general average deposits - United States.

[1979] 1 Lloyd's Rep. 424

THE "STEELTON" (No. 2)

Conflict of Laws - Proper law - Substantive law Canadian - Whether domestic policy superseded substantive law - United States.

[1979] 1 Lloyd's Rep. 431

CHINA UNION LINES LTD. AND ANOTHER v. AMERICAN MARINE UNDERWRITERS INC., CALVERT FIRE INSURANCE CO., CANADIAN MARINE UNDERWRITERS LTD. AND C.N.A. ASSURANCE CO. INC. AMERICAN MARINE UNDERWRITERS INC. AND CALVERT FIRE INSURANCE CO. v. POSGATE AND OTHERS

Reinsurance-Stay of action-Arbitration clause and service of suits clause-Third party impleaded on anticipatory cause of action for indemnity- Whether action should be stayed pursuant to arbitration clause-Whether service of suits clause applicable-United States.

[1979] 1 Lloyd's Rep. 439

PRACTICE DIRECTION

Taxation of costs in petitions for leave to appeal.

[1979] 1 LLOYD'S LAW REPORTS 443

WARINCO A.G. v. SAMOR S.P.A.

Sale of goods (f.o.b.) - Non-acceptance - Buyers alleged September oil did not comply with specification-Buyers advised sellers that October oil would also be refused if oil did not conform to contract - Whether buyers repudiated whole contract.

[1979] 1 Lloyd's Rep. 450

THE "RILLAND"

Salvage - Remuneration - Salvage services rendered to vessel - Assessment of fair and proper reward - Interest.

[1979] 1 Lloyd's Rep. 455

THE "DEVOTION II"

Collision - Negligence - Crossing rules - Vessel in collision with stationary vessel - Whether stationary vessel a give way vessel - Failure to keep proper lookout - Liability for collision - Collision Regulations, rr. 19, 21, 27, 29 - Scotland.

[1979] 1 Lloyd's Rep. 509

THE "DEVOTION II" (No. 2)

Practice-Admiralty action in personam-Limitation fund-Expenses of action-Defenders lodged two lenders-No reference to interest-Whether pursuers' motion for expenses of action should be granted-Scotland.

[1979] 1 Lloyd's Rep. 515

PRACTICE DIRECTION

Orders for speedy trial - Summonses for directions adjourned from Judge to Master.

[1979] 1 LLOYD'S LAW REPORTS 517

PICKETT v. BRITISH RAIL ENGINEERING LTD.

Damages - Loss of earnings - Whether prospective earnings of lost years recoverable. Interest - Damages - Personal injury - Whether interest should be awarded - Whether interest awarded separately from the increase in damages for inflation.

[1979] 1 Lloyd's Rep. 519

THE "ERCOLE"

Collision-Crossing vessels-Vessels approaching in opposite directions on reciprocal courses- Defective radar lookout during approach period and failure to reduce speed-Visibility restricted- One vessel in addition altering 10 deg. to starboard at improper time and going to starboard at the last instead of pulling her engines full astern- Apportionment of blame.

[1979] 1 Lloyd's Rep. 539

BUNGE G.m.b.H. v. ALFRED C. TOEPFER

Sale of goods (c.i.f.) - Non-delivery - Force majeure - Flooding of Mississippi River - Delay in shipment - Sellers gave notice of extension of shipment period - Whether notices valid - Whether sellers liable to buyers in damages - GAFTA 100.

[1979] 1 Lloyd's Rep. 554

POLE STAR COMPANIA NAVIERA S.A. v. KOCH MARINE INC. (THE "MARITSA")

Charter-party (Consecutive voyage) - Demurrage - Freight rate to be in accordance with Worldscale - Increase in cost of bunkers - Whether owners could claim extra costs - Whether payment to be calculated by reference to bunker indices published by Worldscale - Exxonvoy form.

[1979] 1 Lloyd's Rep. 581

CAPTAIN v. FAR EASTERN STEAMSHIP CO.

Carriage by sea - Limitation of liability - Bill of lading - Exclusion clause - Personal effects delivered severely damaged by fresh water - Whether Hague Rules incorporated - Whether shipowners entitled to limit liability - Whether shipowners could rely on exclusion clause in bill of lading - Hague Rules, art. IV, r. 5 - Canada.

[1979] 1 Lloyd's Rep. 595

PRACTICE DIRECTION

2A Form of Writs (See O. 6, r. 1. O. 75, r. 3 and Appendices A and B).

[1979] 1 LLOYD'S LAW REPORTS 605