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Astro Exito Navegacion S.A. v. W. T. Hsu (The Messianiaki Tolmi) - Court of Appeal (Oliver, Slade and Robert Goff L.JJ.) - 20 December 1983
This was another matter arising out of the abortive sale of the vessel Messianiaki Tolmi
in 1980. (See e.g. LMLN 97 - 21 July 1983.) A London arbitration had decided that the buyers had deliberately acted so as to put themselves in the position of..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
Agip SpA Navigazione Alta a SpA (The Nai Genova and Nai Superba) - Court of Appeal (Oliver, Slade and Robert Goff L.JJ. - 8 December 1983
The problem at the heart of this case was that some time after a charterparty had been signed and put into effect, the charterers realized that the terms of an important clause were different to what they thought had been agreed during the..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
H. B. Nickerson & Sons Ltd. v. Insurance Co. of North America and ors (The J E Kenney) - Fed.Ct. of Appeal (Pratte, Marceau and Le Dain JJ.) - 26 October 1983
The plaintiffs’ fishing trawler J E Kenney
was insured by the defendant underwriters. In May 1975 she filled with seawater and sank alongside a wharf at Riverport, Nova Scotia. The weather was fair and the water calm. There was no unusual..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
U.S. Steel Corporation v. M/V Atlantic Splendour - Fed.Ct. (Dube J.) - 7 October 1983
The Federal Court was asked to rule on a question of law. The assumed facts were that a vessel was delayed at a loading berth due to mechanical difficulties as a result of owners’ negligence. The plaintiffs were the charterers of four other..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
Intercontinental Export Co. (Pty.) Ltd. v. M/V Dien Danielsen - Full Bench of Natal Provincial Division (Van Heerden, Didcott and Friedman JJ.) - 1983 (4) S.A. 275 (N)
The plaintiffs chartered the vessel Dien Danielsen
from the defendant owners under a Gencon form which contained a London arbitration clause. The present proceedings were brought by the plaintiffs not as charterers, but as holders of a bill of..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984