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The Mercury Bay Boating Club Inc. v. San Diego Yacht Club - Sup.Ct. N.Y. County - N.Y.L.J. 31 March 1989
In September 1988 the San Diego Yacht Club won the America’s Cup in a catamaran. The unsuccessful challenger, the Mercury Bay Boating Club, objected to the use of a multihulled vessel. Mercury Bay subsequently applied to the court for an order..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Transol Bunker B.V. v. M/V Andrico Unity - Supreme Court (Appellate Division) (Corbett, Hoexter, E. M. Grosskopf, Milne JJ.A., and Nicholas A.J.A.) - 29 March 1989
The plaintiffs, who had supplied bunkers to the vessel Andrico Unity in Argentina, arrested the vessel in Cape Town. The shipowners contended that the alleged Argentinian maritime lien was not a maritime lien of the kind envisaged by section 3(4)(a)..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Almare Societa di Navigazione S.p.A. v. Derby and Co. Ltd. (The Almare Prima) - Q.B.D. (Com.Ct.) (Phillips J.) - 6 April 1989
Derby bought a cargo of fuel oil of FOB terms that provided for payment against bills of lading. The contract expressly provided for title to pass to Derby at the loading port. The Almare Prima
was chartered for that purpose. Bills of lading were..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Industrie Chimiche Italia Centrale and Another v. Alexander G. Tsavliris & Sons Maritime Co. and Others (The Choko Star) - Q.B.D. (Adm.Ct.) (Sheen J.) - 13 April 1989
Salvage services were rendered to the vessel Choko Star
under a Lloyd’s Standard Form signed by the master of the Choko Star
. The plaintiffs were the owners of cargo on board the Choko Star
at the relevant time. They contended that the..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Commercial Bank of the Near East Plc. v. A. and others - Q.B.D. (Com.Ct.) (Saville J.) - 30 January 1989
This was a chambers judgment which the judge requested should be treated as if it had been delivered in open court.
The purpose of having the judgment delivered in open court was to make it clear to potential plaintiffs seeking Mareva injunctions..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Wibau Maschinenfabrik Hartman S.A. v. Al-Owaidah Establishment for Contracting (The Chanda) - Q.B.D. (Com.Ct.) (Hirst J.) - 24 April 1989
The plaintiff cargo interests claimed damages from the defendant carrier in respect of damage to cargo which had been stowed on deck without authorisation. The carriers claimed to limit their liability under the Hague Rules. They relied on The..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Baltic Shipping Co. v. Kruger Inc. and another (The Mekhanik Tarasov) - Federal Court of Appeal (Iacobucci C.J., Urie and MacGuigan JJ.A.) - 31 March 1989
One of the issues in this case was whether shipowners could rely on the defence “perils of the sea” in Artivle IV, rule 2(c) of the Hague Rules.
The ro-ro vessel Mekhanik Tarasov
was lost in the North Atlantic in February in weather..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989