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Trade Star Lines Corporation v Mitsui & Co Ltd (The “Arctic Trader”) - Court of Appeal (Evans, Peter Gibson and Brooke LJJ) - 4 July 1996
The vessel Arctic Trader
loaded a cargo of crude salt. The arbitrator found that the salt was contaminated by substantial quantities of stone, cement, pieces of tarpaulin, and pieces of metal. The arbitrator also found that the Master saw a level..
Online Published Date:
03 August 1996
Appeared in issue:
437 - 03 August 1996
Union Bank of Finland Ltd v Lelakis - Court of Appeal (Henry and Saville LJJ) - 13 May 1996
The defendant, an experienced Greek shipowner, wished to build a new ship. A company of which he was the sole shareholder borrowed a total of US$ 10 million from the plaintiff bank. He entered into two personal guarantees in relation to that loan...
Online Published Date:
03 August 1996
Appeared in issue:
437 - 03 August 1996
Sovrybflot v The Ship “Efim Gorbenko” - High Court (Doogue J) - 2 April 1996
In this case, exactly the same point arose as was before Colman J in The Kommunar
(No 2) - LMLN 436 - 20 July 1996, but in relation to the Novorossiysk fishing fleet. PO Novorossiskirybprom
(“PON”) had been privatised and AO..
Online Published Date:
03 August 1996
Appeared in issue:
437 - 03 August 1996
JCB Sales Ltd and Ors v New Holland North America Inc and Ors (The “Seijin”) - US District Court (SDNY)(Milton Pollack SDJ) - 16 April 1996
The plaintiff cargo owners brought proceedings against the shipowners and charterers of the vessel Seijin
in respect of alleged damage to cargo carried by the vessel from England and Belgium to Baltimore, Maryland in March 1995.
Upon shipping the..
Online Published Date:
03 August 1996
Appeared in issue:
437 - 03 August 1996
Commercial Union Assurance Co PLC v Mander - QBD (Com Ct)(Moore - Bick J) - 12 June 1996
The plaintiff insurers brought a claim against the defendant reinsurers under a policy of reinsurance. This was an application by the defendants under Order 24 Rule 11 of the Rules of the Supreme Court for inspection of certain documents referred to..
Online Published Date:
17 August 1996
Appeared in issue:
438 - 17 August 1996
Frota Oceanica Brasileira SA v Steamship Mutual Underwriting Association (Bermuda) Ltd (The “Frotanorte”) - Court of Appeal (Nourse, Hirst and Schiemann LJJ) - 30 July 1996
Disputes arose between the plaintiff shipowners and their P & I Club in connection with a collision between the plaintiffs’ vessel Frotanorte
and another vessel, the Theopaes
, off Puerto Rico in 1978. At first instance, Longmore J..
Online Published Date:
17 August 1996
Appeared in issue:
438 - 17 August 1996
Paul Allison & APAI Pty Ltd v The Owners of the ship “Greshanne” - Supreme Ct of South Australia (Zeeman J) - 15 February 1996
On 13 November 1995 the first plaintiff commenced an action in rem
claiming $160,000 being the unpaid price of the vessel Greshanne.
The first plaintiff alleged that it had sold the vessel to Tuna Tasmania Pty Ltd for $160,000 and as at 13..
Online Published Date:
17 August 1996
Appeared in issue:
438 - 17 August 1996
Yulianto and others v The Ship “Glory Cape” - Supreme Ct of Western Australia (Murray J) - 30 November 1995
The plaintiff crew members became involved in a dispute over wages and conditions with the Master and other crew members (“the Chinese crew”) of the vessel Glory Cape.
The plaintiffs obtained the assistance of the ITF to resolve the..
Online Published Date:
17 August 1996
Appeared in issue:
438 - 17 August 1996
Jordan and Anr v Towns Marine Electronics Ltd and Ors (The “Lady JI”) - Federal Court (Trial Div)(Noel J) - 30 April 1996
The plaintiffs were the owners of the yacht Lady JI.
On 7 May 1995, while the first plaintiff was using a remote control device supplied by the defendant to pilot the vessel at the Ballard Locks in Washington, USA, the vessel was involved in a..
Online Published Date:
17 August 1996
Appeared in issue:
438 - 17 August 1996
D & J Coustas Shipping Co SA and Anr v HM The Queen in right of Canada - Federal Court (Trial Div)(MacKay J) - 10 June 1996
The first plaintiffs were the owners of the vessel Hoegh Mary
, an oceangoing container ship registered in Greece. The second plaintiffs were insurers of the vessel.
On 25 January 1989 the vessel arrived at the Port of Halifax. Officers from the..
Online Published Date:
31 August 1996
Appeared in issue:
439 - 31 August 1996
Exxon Co USA and Ors v Sofec Inc and Ors (The “Exxon Houston”) - US Court of Appeals (9th Circuit) - 10 June 1996
The tanker Exxon Houston
stranded several hours after it had broken away from a Single Point Mooring System (SPM) owned by several affiliate corporations (HIRI) and manufactured by respondent Sofec Inc. The vessel had been engaged in delivering oil..
Online Published Date:
31 August 1996
Appeared in issue:
439 - 31 August 1996
Evvtex Co Inc v Hartley Cooper Associates Ltd and Ors - US District Court (SDNY)(Sweet DJ) - 17 January 1996
The plaintiff insured brought proceedings against the defendants to recover sums collected by the defendants in their capacity as insurance brokers and paid over to a third party. The third party was the acknowledged chief villain the case. He was..
Online Published Date:
31 August 1996
Appeared in issue:
439 - 31 August 1996
Pacific Tractor Rentals (VI) Ltd v The Owners of the ship “Palaquin” and Anr - Federal Court (Trial Div) - John A Hargrave Prothonotary - 20 June 1996
As a result of the loss of the plaintiff’s excavating machine from the vessel Palaquin
during a voyage in Georgia Strait during heavy weather the plaintiff caused the Palaquin
to be arrested.
After the vessel had been arrested, the plaintiff..
Online Published Date:
31 August 1996
Appeared in issue:
439 - 31 August 1996