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Alfred C. Toepfer Schiffahrtsgesellschaft G.m.b.H. v. Tossa Marine Co. Ltd. (The Derby) - Court of Appeal (Kerr and Croom-Johnson L.JJ. and Sir Denys Buckley) - 10 July 1985
The vessel Derby
was time-chartered under the NYPE form. The vessel proceeded on a voyage to Leixoes in Portugal in May 1981. As a result of ITF pressure, the stevedores at Leixoes refused to discharge until various ITF demands had been met. The..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Empresa Cubana de Alimentos v. Octavia Shipping Co. Ltd. (The Kefalonia Wind) - Q.B.D. (Com.Ct.) (Bingham J.) - 3 July 1985
In late 1981 the vessel Kefalonia Wind
sailed from the Great Lakes to Cuba with a cargo of maize. As a result of stormy seas on passage seawater leaked through the hatch covers and the cargo was wetted. The plaintiff cargo owners claimed damages..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Olympia Sauna Shipping Co. S.A. v. Shinwa Kaiun Kaisha Ltd. (The Ypatia Halcoussis) - Q.B.D. (Com.Ct.) (Bingham J.) - 12 June 1985
The plaintiff shipowners chartered their vessel Ypatia Halcoussis
to the defendants under the NYPE form for one round trip. At the conclusion of the charter the defendants submitted a hire statement dated 3 July 1981. Deductions from hire were made..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Candlewood Navigation Corpn. Ltd. v. Mitsui OSK Lines Ltd. (The Mineral Transporter) - Privy Council (Lord Fraser, Lord Roskill, Lord Brandon, Lord Templeman and Lord Griffiths) - 1 July 1985
The vessel Ibaraki Maru
was damaged as the result of a collision with the vessel Mineral Transporter
and had to undergo repairs. The Mineral Transporter
was wholly to blame for the collision. The time-charterers of the Ibaraki Maru
sued the..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Banque Paribas v. The Fund comprising proceeds of sale of the M.V. Emerald Transporter - 1985 (2) S.A. 452
The vessel Emerald Transporter
had been arrested and sold pursuant to a court order. Disputes arose as to the preference of claims on the fund in court.
Section 11(1) of the Admiralty Jurisdiction Regulation Act 105 of 1983 provides:
Claims with..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985