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Continental Illinois National Bank and Trust Co. v. Papanicolaou - Court of Appeal (Parker and Nourse L.JJ. and Sir Roger Ormrod) - 1 July 1986
The plaintiff bank applied for summary judgment against the guarantors under three loan agreements. The defendants alleged that they had cross-claims against the bank for damages in negligence in carrying out its duties as mortgagee. The defendants..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Food Corporation of India v. Marastro Cia. Naviera S.A. (The Trade Fortitude) - Court of Appeal (Dillon, Lloyd and Nicholls L.JJ.) - 19 May 1986
The vessel Trade Fortitude
was voyage-chartered under a charterparty dated 1974 containing the Centrocon arbitration clause. Disputes arose in connection with demurrage and an arbitration was commenced in January 1976. The Arbitration Act 1950 was..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Food Corporation of India v. Marastro Cia. Naviera S.A. (The Trade Fortitude) - Court of Appeal (Dillon, Lloyd and Nicholls L.JJ.) - 19 May 1986
Shipowners claimed demurrage against charterers. The arbitrator awarded demurrage for 153 days 4 hours 18 minutes. He held that a total of 4 days 15 hours 13 minutes was not to count against laytime. The charterers argued that the arbitrator had..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
ITO - International Terminal Operators Ltd. v. Miida Electronics Inc. and Mitsui OSK Lines - Supreme Court (Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.) - 26 June 1986
A cargo of electronic calculators was carried in a vessel owned by Mitsui from Japan to Montreal. The owners of the goods were Miida. The goods arrived in Montreal and were picked up by ITO, a cargo handling or stevedoring company and terminal..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Alpine Bulk Transport Co. Inc. v. Saudi Eagle Shipping Co. Ltd. (The Saudi Ambassador) - Court of Appeal (O’Connor L.J. and Sir Roger Ormrod) - 1 July 1986
The Court of Appeal has made it clear that a defendant seeking to set aside a judgment obtained in default of giving notice of intention to defend under Order 13 of the Rules of the Supreme Court has a higher burden than a defendant seeking leave to..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986