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Spamat SrL v The Owners and All Persons Claiming an Interest in “The Almirante Storni” – Court of Appeal (McGovern, Haughton and Collins JJ) [2020] IECA 58 – 9 March 2020
Admiralty jurisdiction – Claim by ship’s agent against demise charterer for disbursements made to vessel on orders of time charterer – Whether maritime claim established – Whether court had in rem jurisdiction
Online Published Date:
24 April 2020
Appeared in issue:
1054 - 24 April 2020
Clearlake Chartering USA Inc and Another v Petroleo Brasileiro SA (The “Miracle Hope” (No 2)) – QBD (Comm Ct) (Jacobs J) [2020] EWHC 805 (Comm) – 31 March 2020
Practice – Mandatory injunction – Letter of indemnity – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling voyage sub-charterers to provide security to enable release of vessel – Whether voyage sub-charterers liable on indemnity – Whether mandatory injunction should be granted
Online Published Date:
24 April 2020
Appeared in issue:
1054 - 24 April 2020
Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd – Federal Court (Full Court) (McKerracher, Markovic and Anastassiou JJ) [2020] FCAFC 47 – 19 March 2020
Joint venture – Fiduciary duty – Joint venture agreement to operate business offering luxury cruises on Sydney Harbour – Demise charter of vessel for purpose of joint venture – Whether appellant in breach of joint venture agreement – Whether joint venture agreement validly terminated – Whether charterparty validly terminated
Online Published Date:
24 April 2020
Appeared in issue:
1054 - 24 April 2020