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Kronos Worldwide Ltd v Sempra Oil Trading SARL (The "Spear 1") - QBD (Com Ct)(HH Judge Chambers QC sitting as a judge of the QBD) - 4 March 2003
The defendant buyers entered into a contract with the claimant sellers for the supply of oil. The contract, which was contained in a telex dated 23 April 2001, was for the sellers to supply fob Constantza a maximum of 14 cargoes of oil each of..
Online Published Date:
03 April 2003
Appeared in issue:
610 - 03 April 2003
Den norske Bank ASA v Acemex Management Company Ltd (The "Tropical Reefer") - QBD (Com Ct)(Nigel Teare QC sitting as a judge of the QBD) - 26 February 2003
The claimant bank sought judgment against the defendants pursuant to a Guarantee and Indemnity ("the Guarantee") signed by the defendants. The claimants had loaned US$6 million to three borrowers for the purchase of three vessels, one of which was..
Online Published Date:
03 April 2003
Appeared in issue:
610 - 03 April 2003
Kastor Navigation and Ors v AGF MAT And Ors (The "Kastor Too")(No 2) - QBD (Com Ct)(Tomlinson J) - 17 March 2003
On 1 November 2000 the claimant shipowners brought proceedings against the defendant underwriters claiming an indemnity in respect of the actual total loss of their vessel Kastor Too allegedly caused by fire. The allegation was that the fire caused..
Online Published Date:
03 April 2003
Appeared in issue:
610 - 03 April 2003
Wajilam Exports (Singapore) Pte Ltd v Transpacific Eternity SA (The "Gallant II") - High Court (Durban and Coast Local Div)(Pillay MS) - 31 January 2003
The vessel Antares III was charted on the NYPE form. Clause 36 of the charter provided:
"Liability for cargo claims, as between owners and charterers shall be apportioned as specified by the Inter Club New York Produce Exchange Agreement 1996 and..
Online Published Date:
03 April 2003
Appeared in issue:
610 - 03 April 2003
Wave Maker Shipping Co Ltd and Ors v Hawkspere Shipping Co Ltd (The "Nobility") - US Court of Appeals (4th Circuit)(Niemeyer, Williams and Michael Ct JJ) - 23 January 2003 (Unpublished)
Clipper Bulk Shipping Ltd ("Clipper") sub-chartered its vessel Nobility to Hawkspere Shipping Co Ltd ("Hawkspere") for one voyage from the Baltic Sea to the Eastern United States. The charterparty provided that Hawkspere on delivery, and Clipper on..
Online Published Date:
03 April 2003
Appeared in issue:
610 - 03 April 2003
Homburg Houtimport v Agrosin Private Ltd and Ors (The "Starsin") - House of Lords (Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough and Lord Millett) - 13 March 2003
The claimant cargo interests brought actions against the owners of the vessel Starsin in respect of wet damage to their cargo of timber and plywood. The vessel had been on time charter to Continental Pacific Shipping Ltd ("CPS"). At first instance..
Online Published Date:
17 April 2003
Appeared in issue:
611 - 17 April 2003
CMA CGM SA v Classica Shipping Co Ltd (The "CMA Djakarta") - QBD (Com Ct)(David Steel J) - 27 March 2003
The vessel CMA Djakarta was chartered on an amended NYPE form for trading in the charterers' liner network. During the currency of the charter there was an explosion and fire on the vessel, leading to her abandonment. The shipowners claimed against..
Online Published Date:
17 April 2003
Appeared in issue:
611 - 17 April 2003
Neves and Anr v The Ship "Kristina Logos" and Ors - Federal Court of Appeal (Strayer, Sexton and Evans JJA) - 17 December 2002
The vessel Kristina Logos was seized by Canadian fisheries officers for contraventions of the Fisheries Act, RSC 1985. The Newfoundland Supreme Court imposed fines totalling $120,000, and ordered that $50,000 from the proceeds of sale of the ship be..
Online Published Date:
17 April 2003
Appeared in issue:
611 - 17 April 2003
London Arbitration 6/03
The vessel was chartered on an amended Gencon form for a voyage from "2 safe ports Ecuador" to "2 safe ports Viga/Kaipeda range" with a full and complete cargo of fresh green bananas in cartons. In the event the first discharge port was Hamburg, and..
Online Published Date:
17 April 2003
Appeared in issue:
611 - 17 April 2003