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Atlasnavios Navegacao Lda v The Ship “Xin Tai Hai” (No 2) [2012] FCA 1497 – Federal Ct (Rares J) – 24 December 2012
Admiralty
practice – Arrest – Party seeking issue of arrest warrant not disclosing
existence of proceedings in another jurisdiction – Whether duty to disclose –
Whether arrest should be set aside – Whether proceedings should be stayed on
ground of inappropriate forum
Online Published Date:
05 March 2013
Appeared in issue:
868 - 08 March 2013
Daebo Shipping Co Ltd v The Ship “Go Star” [2012] FCAFC 156 – Federal Ct (Keane CJ, Rares and Besanko JJ) – 7 November 2012
Tort
– Bunkers – Conversion – String of time charters on Asbatime NYPE 1981 form – Charterers
to “take over” bunkers on delivery – Shipowners refusing sub-charterers’ demand
for redelivery of bunkers – Whether shipowners converted bunkers – Whether
sub-charterers had title to sue shipowners for conversion – Whether shipowners liable
for tort of inducing breach of contract – Lex loci delicti
Online Published Date:
05 March 2013
Appeared in issue:
868 - 08 March 2013
Navig8 Pte Ltd v Al-Riyadh Co for Vegetable Oil Industry (The “Lucky Lady”) – QBD (Comm Ct) (Andrew Smith J) [2013] EWHC 328 (Comm) – 22 February 2013
Practice
– Conflict of laws – Service out of jurisdiction – Whether claim for anti-suit
injunction “in respect of” contract governed by English law – Whether England
appropriate forum for negative declaration claims
Online Published Date:
05 March 2013
Appeared in issue:
868 - 08 March 2013
Cadogan Maritime Inc v Turner Shipping Inc – QBD (Comm Ct) (Hamblen J)
[2013] EWHC 138 (Comm) – 5 February 2013
Arbitration
– Additional award – Whether tribunal had power to make additional award in
respect of accrued interest on refund guarantee – Whether claim for accrued
interest “presented to” tribunal – Whether claim “dealt with” in original award
– Arbitration Act 1996, section 57(3)(b)
Online Published Date:
05 March 2013
Appeared in issue:
868 - 08 March 2013