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Hispanica De Petroleos S.A. & Compania Iberica Refineradera S.A. v. Vencedora Oceanoca Navegacion S.A. (The Kapetan Markos) - Court of Appeal (Ackner, Stephen Brown and Parker L.JJ.) - 20 Nov. 1985
The first plaintiff (“Hispanoil”) and the second plaintiff (“Petroliber”) were both Spanish State Companies, claiming, as owners of a cargo of oil shipped on board the vessel Kapetan Markos
, damages for breach of duty owed..
Online Published Date:
02 January 1986
Appeared in issue:
161 - 02 January 1986
Hawke Bay Shipping Co. Ltd. & Ors. v. The First National Bank of Chicago - Court of Appeal (O’Connor, Purchas and Mustill L.JJ.) - 4 December 1985
In March 1974 the Bank entered into a loan agreement for up to U.S.$10 million with the first plaintiff and three other foreign, one ship companies (also plaintiffs). The agreement was governed by English law. The Bank took a mortgage over each..
Online Published Date:
02 January 1986
Appeared in issue:
161 - 02 January 1986
Mediterranean Shipping Co. v. Speedwell Shipping Co. Ltd. and Gerenuk Shipping Corpn. (The Atlantic Victory) - Supreme Court (Durban and Coast Local Division) (Van Heerden J.) - 15 March 1985
The plaintiff’s claim was based on section 5(4) of the Admiralty Jurisdiction Regulation Act 105 of 1983, which provided: -
Any person who makes an excessive claim or requires excessive security or without good cause obtains the arrest of..
Online Published Date:
02 January 1986
Appeared in issue:
161 - 02 January 1986
1/86
The vessel was chartered on a Tanker Voyage form governed by Greek law for the carriage of a cargo of soya bean oil. At the loading port, 10,500 tons were pumped into nine of the vessel’s centre tanks. However, cargo ullages evidenced a..
Online Published Date:
02 January 1986
Appeared in issue:
161 - 02 January 1986
Kenya Railways v. Antares Company Pte. Ltd. (The Antares) - Q.B.D. (Com.Ct.) (Leggatt J.) - 4 November 1985
The plaintiffs were consignees of machinery on board the vessel Antares
. The machinery was carried under a bill of lading issued at Antwerp and on a form of the Mediterranean Shipping Company, who were the time charterers of the vessel. The voyage..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
Chabbra Corpn. Pte. Ltd. v. The Owners of and the other persons interested in the vessel Jag Shakti (The Jag Shakti) - Privy Council (Lords Keith, Fraser, Roskill, Brandon and Mackay) - 18 November 1985
By contract dated 20 May 1977 IOC agreed to sell to M. 7,000 metric tons of edible salt at a price of S$22 per metric ton c. & f. Chittagong/Chalna. M. arranged finance for the purchase through A. by means of A. opening two transferable letters..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
Schweizerische Metallwerke Selve & Co. Thun v. Atlantic Container Line Ltd. - Federal Ct. of Appeal (Pratte, Marceau and Hugessen JJ.) - 7 November 1985
The plaintiffs sent a load of wire from Antwerp, Belgium to its customer, Digital Components Ltd. of Bedford, Nova Scotia. The terms of the sale were cash against documents. The wire was duly loaded on board the defendants’ vessel and the..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
Berisford Metals Corpn. v. S/S Salvador and A/S Ivaram Rederi (The Salvador) - U.S. Ct. of Appeals for the Second Circuit (Friendly, Mansfield and Winter JJ.) - 16 December 1985
On 23 June 1983 B contracted to purchase from P, a company in Brazil, 50 metric tons of grade A tin ingots in bundles at a price of $13,140 per metric ton. The terms were f.o.b. vessel at Santos, Brazil for shipment to New York in January 1984,..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
Westar Marine Services et al. v. Heerema Marine Contractors S.A. et al. - District Court (Northern District of California) (Judge Lynch) - 18 November 1985
In the afternoon of 3 July 1984 a group of vessels moored in San Francisco Bay south of the Richmond_San Rafael Bridge dragged anchor and began to drift towards the bridge. The group included an oil drilling rig which was incapable of passing..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
SKIBS A/S Avanti, SKIBS A/S Glarona, SKIBS A/S Navalis trading as Partrederiet Sibotre v. Okeanis Shipping Corpn. and H. Clarkson & Co. Ltd. - Ct. of Appeal (Sir John Donaldson M.R., May & Glidewell L.JJ.) - 20 November 1985
The parties were respectively buyers and sellers of a ship under a contract dated 14 December 1984 incorporating the standard terms of the Norwegian sale form as amended by their special bargain. The contract incorporated an arbitration clause in..
Online Published Date:
16 January 1986
Appeared in issue:
162 - 16 January 1986
The Golden Mistral - Q.B.D. (Adm.Ct.) (Sheen J.) - 19 December 1985
At about 21 33 hours on 23 December 1979 a collision occurred between the plaintiffs’ ship Andhika Patra
of Jakarta and the defendants’ ship Golden Mistral
of Monrovia, just south of the Eastern Petroleum B Anchorage of Singapore in..
Online Published Date:
30 January 1986
Appeared in issue:
163 - 30 January 1986
McGregor (U.K.) Ltd. v. British Railways Board & Ors. - Q.B.D. (Com.Ct.) (Bingham J.) - 10 October 1985
The plaintiffs (“McGregor”) were a firm of marine consultants, engineers and designers and naval architects. The first defendants (the “Board”) were a statutory corporation. The second defendants (“SUKL”) were a..
Online Published Date:
30 January 1986
Appeared in issue:
163 - 30 January 1986
The Saudi Crown - Q.B.D. (Adm.Ct.) (Sheen J.) - 13 December 1985
By a contract dated 29 April 1982 on the GAFTA form between the plaintiffs as buyers and Tracomin S.A. of Lausanne as sellers, Tracomin undertook to sell to the plaintiffs 4,500 tons of Ricebran extractions, 5% more or less at sellers option, for..
Online Published Date:
30 January 1986
Appeared in issue:
163 - 30 January 1986
Ivan Letnik & Captain Normac’s Riverboat Inn Ltd. v. The Ship Trillium & Ors. (The Trillium) - Federal Court (Trial Division) (Addy J.) - 27 March 1985
On 2 June 1981 the vessel Normac
, which was moored in Toronto harbour at the time, was struck by the vessel Trillium
when the latter vessel overshot its berthing position. The Normac
sank two weeks later on 16 June 1981.
The Trillium
was a..
Online Published Date:
30 January 1986
Appeared in issue:
163 - 30 January 1986
Puritan Insurance Co. & Ors. v. Eagle Steamship Co. & Ors. - Court of Appeals for the Second Circuit (Feinberg C.J., Kearse & Cardamone JJ.) - 18 December 1985
The defendants were owners of several ships including the Irinio and the Mariam
upon which they obtained hull and machinery insurance from the plaintiff insurers for the year beginning 9 July 1980. The defendants’ insurance broker was Thomas..
Online Published Date:
30 January 1986
Appeared in issue:
163 - 30 January 1986