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Timberwest Forest Corporation v Pacific Link Ocean Services Corporation and Ors (The “Sea Commander” and “Ocean Oregon”) – Federal Court of Appeal (Décary, Sharlow and Ryer JJA) – 17 April 2009
In 2003 Timberwest agreed to sell a quantity of logs to Harwood Products Inc. Harwood arranged for transportation to Eureka, California, at its own expense. Title and risk remained with Timberwest until payment, which was not due until delivery.
On..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Trident International Ltd v American Steamship Owners Mutual Protection and Indemnity Association Inc – US Court of Appeals (2nd Circuit) (Jacobs CJ, Newman and Pooler Ct JJ) – 22 June 2009
The plaintiff (“Trident”) was a concessionaire on cruise ships, and contracted with time-charterer Imperial Majesty Cruise Line LLC (“IMCL”) to provide food and beverage service aboard the ship Regal Empress. Trident paid..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Regalindo Resources Pte Ltd v Seatrek Trans Pte Ltd (The “Startec”) – High Court of Singapore (Andrew Ang J) – 16 May 2008
The defendant (“Seatrek”) commenced arbitration proceedings in Singapore against the plaintiff (“Regalindo”) seeking damages for an alleged breach of a time charter containing a Singapore arbitration clause. The alleged..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
New Zealand China Clays Ltd and Ors v Tasman Orient Line CV (The “Tasman Pioneer”) – Court of Appeal of New Zealand (Chambers, Baragwanath and Fogarty JJ) – 9 April 2009
On 1 May 2001 the vessel Tasman Pioneer left Yokohama bound for Busan, Korea. Because the ship was behind schedule, the master decided that instead of passing west of Okino Shima, the usual route for vessels entering Bungo Suido from the south, he..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Sea Byte Inc v Hudson Marine Management Services Inc – US Court of Appeals (11th Circuit) (Barkett and Fay Ct JJ and Trager DJ) – 20 April 2009
On 26 March 2004 the vessel Eastwind ran aground on an underwater coral reef just off the Fort Lauderdale coast. The vessel’s P&I Club (Miller) arranged for Hudson Marine Management Services Inc, a “marine environmental casualty..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Mazda Motors of America Inc and Anr v M/V Cougar Ace – US Court of Appeals (9th Circuit) (Susan P Graber, Raymond C Fisher and Milan D Smith Jr Ct JJ) – 8 May 2009
The plaintiffs were the owners and subrogated insurers of a cargo of automobiles carried on board the vessel Cougar Ace from Japan to various US ports. The plaintiffs alleged that the goods sustained more than US$40 million in water damage..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009