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The Vasso - Court of Appeal (Waller, Slade and Robert Goff L.JJ.) - 19 December 1983
In The Cap Bon
[1967] 1 Lloyd’s Rep. 543, Brandon J. had said that the Admiralty Court had no jurisdiction to arrest ships for the purpose of providing security for the payment of an award in an arbitration. The Court of Appeal has disagreed..
Online Published Date:
05 January 1984
Appeared in issue:
109 - 05 January 1984
A/S Hansen-Tangens Rederi III v. Total Transport Corporation of Panama (The Sagona) - Q.B.D. (Com.Ct.) (Staughton J.) - 3 November 1983
The vessel Sagona
was time-chartered to the Total Transport Corporation on the Beepeetime 2 form for a period of 38 months. Between 7 and 10 July 1978 Mediterranea Raffineria Siciliana Petrolis SpA (“the shippers”) shipped a cargo of..
Online Published Date:
05 January 1984
Appeared in issue:
109 - 05 January 1984
The Oltet - (Q.B.D. (Adm.Ct.) (Sheen J.) - 10 November 1983
On 20 January 1980 the plaintiff’s tug Salviscount was lying at anchor in Falmouth Bay when she was struck by the Rumanian fishing vessel Oltet
. After the collision, Oltet
’s underwriters sent a letter of guarantee to the plaintiffs..
Online Published Date:
05 January 1984
Appeared in issue:
109 - 05 January 1984
Zea Star Shipping Co SA v. Parley Augustsson (Invest) A/S (The Border Zea) - Q.B.D. (Sheen J.) - 12 December 1983
The plaintiff shipowners brought proceedings against the time charterers alleging failures to pay hire as and when due. The plaintiffs issued a summons seeking leave to amend the statement of claim by adding a claim for two further instalments of..
Online Published Date:
05 January 1984
Appeared in issue:
109 - 05 January 1984
The Bamcell II - Supreme Court of Canada (Ritchie, Dickson, McIntyre, Chouinard and Wilson JJ.) - 27 September 1983
The Bamcell II
was a vessel of unique design. Originally a barge, she has been converted to perform as a floating platform. She was partially open to the sea on her bottom and was kept afloat by an airtight deck. She sank when a member of her crew..
Online Published Date:
05 January 1984
Appeared in issue:
109 - 05 January 1984
Astro Exito Navegacion S.A. v. W. T. Hsu (The Messianiaki Tolmi) - Court of Appeal (Oliver, Slade and Robert Goff L.JJ.) - 20 December 1983
This was another matter arising out of the abortive sale of the vessel Messianiaki Tolmi
in 1980. (See e.g. LMLN 97 - 21 July 1983.) A London arbitration had decided that the buyers had deliberately acted so as to put themselves in the position of..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
Agip SpA Navigazione Alta a SpA (The Nai Genova and Nai Superba) - Court of Appeal (Oliver, Slade and Robert Goff L.JJ. - 8 December 1983
The problem at the heart of this case was that some time after a charterparty had been signed and put into effect, the charterers realized that the terms of an important clause were different to what they thought had been agreed during the..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
H. B. Nickerson & Sons Ltd. v. Insurance Co. of North America and ors (The J E Kenney) - Fed.Ct. of Appeal (Pratte, Marceau and Le Dain JJ.) - 26 October 1983
The plaintiffs’ fishing trawler J E Kenney
was insured by the defendant underwriters. In May 1975 she filled with seawater and sank alongside a wharf at Riverport, Nova Scotia. The weather was fair and the water calm. There was no unusual..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
U.S. Steel Corporation v. M/V Atlantic Splendour - Fed.Ct. (Dube J.) - 7 October 1983
The Federal Court was asked to rule on a question of law. The assumed facts were that a vessel was delayed at a loading berth due to mechanical difficulties as a result of owners’ negligence. The plaintiffs were the charterers of four other..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984
Intercontinental Export Co. (Pty.) Ltd. v. M/V Dien Danielsen - Full Bench of Natal Provincial Division (Van Heerden, Didcott and Friedman JJ.) - 1983 (4) S.A. 275 (N)
The plaintiffs chartered the vessel Dien Danielsen
from the defendant owners under a Gencon form which contained a London arbitration clause. The present proceedings were brought by the plaintiffs not as charterers, but as holders of a bill of..
Online Published Date:
19 January 1984
Appeared in issue:
110 - 19 January 1984