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MSC Mediterranean Shipping Company SA v The Owners of the Ship “Tychy” (No 2) - Court of Appeal (Lord Phillips MR and Jonathan Parker LJ and Lord Mustill) - 24 July 2001
This was an appeal against the judgment of David Steel J in two consolidated actions in rem.
The judgment awarded the claimants (“MSC”) some $6 million by way of sums outstanding in respect of slot charter hire in relation to a number..
Online Published Date:
02 August 2001
Appeared in issue:
567 - 02 August 2001
Maree v The Registrar of the High Court Durban and Coast Local Division and Ors (The “Delta Peace”) - High Court (Durban and Coast Local Division)(Combrink J) - 10 April 2001
The issue concerned the “reasonable remuneration” to which the Sheriff was entitled under Rule 21(3)(a) of the Admiralty Proceedings Rules for the work performed by him in his custodial capacity in respect of the preservation of the..
Online Published Date:
02 August 2001
Appeared in issue:
567 - 02 August 2001
Owners of mv “Stella Tingas” v mv “Atlantica” and Transnet Ltd t/a Portnet - High Court (Durban and Coast Local Division)(Booysen J) - May 2001
On 17 June 1997 a collision occurred in Durban Harbour between the First Defendant vessel Atlantica
and the plaintiff’s vessel Stella Tingas.
At the time of the collision the Stella Tingas
was berthed alongside in Durban Harbour, loading..
Online Published Date:
02 August 2001
Appeared in issue:
567 - 02 August 2001
Logistec Stevedoring Inc v Amican Navigation Inc - Federal Court (Trial Div)(Lemiux J) - 21 June 2001
The plaintiff stevedores sought to recover from Amican Navigation Inc (“Amican”) $240,382 for stevedoring services performed in the loading and stowing of (1) military vehicles and bags of flour onboard the vessel Cosmos
in..
Online Published Date:
02 August 2001
Appeared in issue:
567 - 02 August 2001
Aeolian Shipping SA v ISS Machinery Services Ltd (The “Aeolian”) - Court of Appeal (Potter and Mance LJJ and Sir Martin Nourse) - 20 July 2001
The claimant sued under an agreement (“the spares contract”) for the supply by the claimant to the defendants of replacement parts for a turbo-charger previously purchased from the claimant for installation in the defendants’..
Online Published Date:
16 August 2001
Appeared in issue:
568 - 16 August 2001
Mousaka Inc v Golden Seagull Maritime Inc and Anr - QBD (Com Ct)(David Steel J) - 30 July 2001
The applicant sellers sold to the respondent buyers two product tankers pursuant to two MOA’s dated 28 August 1997. The buyers claimed damages for misrepresentation in relation to the vessels’ suitability for the carriage of certain..
Online Published Date:
16 August 2001
Appeared in issue:
568 - 16 August 2001
The Owners of “The Mineral Dampier” v The Owners of “The Hanjin Madras” - Court of Appeal (Lord Phillips MR, Schiemann and Clarke LJJ) - 31 July 2001
On 22 June 1995 the bulk carriers Mineral Dampier
and Hanjin Madras
collided in the East China Sea. The Mineral Dampier
sank and all 27 of her crew were lost. At collision the heading of the Hanjin Madras
was 226 degrees true and the heading of..
Online Published Date:
16 August 2001
Appeared in issue:
568 - 16 August 2001
The Ship “SOCOFL Stream” v CMC (Australia) Pty Ltd - Federal Court of Australia (Ryan, Tamberlin and Conti JJ) - 27 July 2001
In early 1999 CMC (Australia) Pty Ltd (“the shipper”) arranged to ship a quantity of steel products, part of it from Singapore and the rest from Port Klang in Malaysia, to Australia. Each bill was issued on behalf of the master. They..
Online Published Date:
30 August 2001
Appeared in issue:
569 - 30 August 2001
Acquista v New York Life Insurance Company - New York Supreme Court Appellate Division (Tom JP, Mazzarelli, Andrias, Wallach and Saxe JJ) - 16 July 2001
The New York Supreme Court, Appellate Division, has produced an important decision which may well have ramifications in the marine insurance law field, bearing in mind that many marine insurance policies in the United States are subject to New York..
Online Published Date:
30 August 2001
Appeared in issue:
569 - 30 August 2001
London Arbitration 17/01
The vessel was chartered on the NYPE 93 form for a time charter trip via safe port(s) berth(s) always afloat to India in accordance with clause 1 (lines 25-28) of the charter.
Clause 5 of the charter read:
“Trading Limits
The Vessel shall be..
Online Published Date:
30 August 2001
Appeared in issue:
569 - 30 August 2001