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CCR Fishing Ltd. and Bank of Montreal v. Tomenson Inc. and Others (The La Pointe) - Supreme Court of British Columbia
(Murray J.) - 18 June 1986
On 6 July 1982 the fishing vessel La Pointe
sank at Terminal Dock in Vancouver Harbour where she had been laid up since April of the preceding year. She had been surveyed in July 1981 and that survey had listed many..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
South Carolina Insurance Co. v. Assurantie Maatshappij “DE Zeven Provincien” N.V.; Same v. Al Ahlia Insurance Co. and Others - House of Lords (Lords Bridge, Brandon, Brightman, Mackay and Goff) - 29 July 1986
Risks were insured by a United States insurance company, United National Insurance through its underwriting agent, Pacific General Agency Inc. (“PGA”). The risks were re-insured with South Carolina Insurance and South Carolina..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
Aden Refinery Co. Ltd. v. Ugland Management Co. Ltd. - Court of Appeal (Sir John Donaldson M.R., Mustill and
Nourse L.JJ.) - 31 July 1986
Owners claimed U.S. $70,444 demurrage arising out of a charterparty on the Asbatankvoy form. The issue between the parties were whether, in a case where a vessel was prevented from berthing following her arrival at the..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
GUR Corporation v. The Trust Bank of Africa and The Government of The Republic of Ciskei - Court of Appeal (Sir John Donaldson M.R., Nourse and Glidewell L.JJ.) - 22 July 1986
GUR contracted with The Government of The Republic of Ciskei (“Ciskei”) to build a hospital and two schools in Ciskei, South Africa. In connection with the building contract, Trust Bank of Africa (“the Bank”) issued a..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
M/S Aswan Engineering Establishment Co. v. Lupdine Ltd. and Others - Court of Appeal (Fox, Lloyd and Nicholls L.JJ.) - 16 July 1986
L. were manufacturers of a waterproofing compound known as Lupguard. A. purchased a quantity of 35,100 kg. of Lupguard for shipment to Kuwait. It was packed in plastic pails, each containing 25 kg., supplied and manufactured by T. The pails were..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
H. & J. Isbrandsen Ltd. v. Executive International Movers Ltd. (The Baryon) - Fed.Ct. (Trial Div.) - 23 April 1986
The plaintiff carrier, an American corporation, contracted with the defendant, a Canadian corporation, for the carriage of a cargo of machinery and equipment from Texas to China. The terms of the contract were contained in a liner booking note which..
Online Published Date:
14 August 1986
Appeared in issue:
177 - 14 August 1986
11/86
Charterers claimed, inter alia
, interest on an admitted sum of dispatch amounting to $40,041 which, although admitted and payable in January 1983 was not paid until 26 April 1983.
The shipowners argued that the arbitrator had no jurisdiction to..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
9/86
In 1982 the vessel was voyage-chartered by disponent owners for the carriage of petroleum products from Rumania to Lebanon. When the vessel arrived at the nominated load port the head owners declined to permit the vessel to proceed to any ports in..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
10/86
The vessel was time chartered on the NYPE form, clause 2 of which (as amended) provided that, whilst on hire, the charterers should inter alia
provide and pay for all compulsory pilotages. Pilotage fees were incurred during the vessel’s..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
Bankers Trust Company v. Abdul Latif E Galadari and Anr. - Court of Appeal (Kerr, Parker and Balcombe L.JJ.) - 7 July 1986
On 26 February 1986 the plaintiffs issued and served a writ upon the defendants claiming $6 million, together with interest on a promissory note dated 21 February 1984 in respect of which payment had been properly demanded on 23 April 1985.
On 5..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
6/86
Time-charterers under the NYPE form had made a deduction of hire representing expenses which had been incurred by them at the loading port and which they felt should have been borne by the owners under the terms of the charter. In fact, at..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
7/86
The vessel was time-chartered under the NYPE form. By lines 21/22 of the charter, the ship was on her delivery “to be ready to receive any permissible cargo . . . and in every way fitted for the ordinary cargo service . . .”. By clause..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986
8/86
The time charterers of a vessel under the NYPE form brought arbitration proceedings claiming that the ship had consumed quantities of diesel oil and fuel oil which were excessive by reference to the consumption warranties given in the charter.
Lines..
Online Published Date:
28 August 1986
Appeared in issue:
178 - 28 August 1986