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Power Curber International Ltd. v. National Bank of Kuwait S.A.K. - Court of Appeal (Lord Denning M.R., Griffith L.J. and Waterhouse J.) - 3 July 1981
The plaintiffs were American sellers who exported goods from the U.S.A. to buyers in Kuwait. 75% of the price - amounting to $75,794.46 - was to be paid by letter of credit issued by the defendant Bank. The letter of credit as issued was an..
Online Published Date:
09 July 1981
Appeared in issue:
44 - 09 July 1981
Freedom General Shipping S.A. v. Tokai Shipping Co. Ltd. (The Khian Zephyr) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 25 June 1981
Plaintiffs were owners of the vessel Khian Zephyr.
Defendants were time charterers of the vessel under the NYPE form. A cargo was loaded under the charter in Japan but, on discharge in Philadelphia, was found to be damaged. Cargo owners sued both..
Online Published Date:
09 July 1981
Appeared in issue:
44 - 09 July 1981
Clipper Maritime Co. Ltd. of Monrovia v. Mineralimportexport - Q.B.D. (Com.Ct.) (Robert Goff J.) - 29 June 1981
In Searose Ltd. v. Seatrain (U.K.) Ltd.
- LMLN 34 - certain conditions were imposed upon the granting of a Mareva
injunction to prevent it bearing harshly on a third party bank. In the present case, the relevant asset was not a bank account but..
Online Published Date:
09 July 1981
Appeared in issue:
44 - 09 July 1981
8/81
The issue in this arbitration was the time of commencement of laytime at the discharging port. The vessel arrived at the Mersey Bar at 03 09 on 5 June 1981, which was a Saturday. Notice of readiness was given by telex to the charterers’ agents..
Online Published Date:
09 July 1981
Appeared in issue:
44 - 09 July 1981
Anderson’s (Pacific) Trading Co. Pty. Ltd. v. Karlander New Guinea Line Ltd. - Supreme Ct. of New South Wales (David Hunt J.) - 23 December 1980
The defendants were time-charterers of the vessel Golden Swan
. They had also issued bills of lading for a cargo of frozen goods shipped from Sydney to Rabaul and which arrived in a damaged condition. The plaintiffs were the owners of the goods. The..
Online Published Date:
09 July 1981
Appeared in issue:
44 - 09 July 1981
Pioneer Shipping Ltd. & ors. v. BTP Tioxide Ltd. (The Nema) - House of Lords (Lord Diplock, Lord Russell of Killowen, Lord Fraser of Tullybelton, Lord Keith of Kinkel and Lord Roskill - 16 July 1981
The House of Lords has dismissed BTP Tioxide’s appeal and given important guidance for judges exercising their discretion under the 1979 Arbitration Act in giving leave to appeal from an award by a commercial arbitrator.
This issue of the..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981
Integrated Container Service v. British Traders Insurance Co. Ltd. - Q.B.D. (Com. Ct.) (Neill J.) - 3 July 1981
The plaintiffs were in the business of leasing freight containers, a number of which were leased to O. Ltd. in 1972. In 1975 O. Ltd. went bankrupt leaving the containers scattered over the Far East. The plaintiffs took steps to recover their..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981
Scandinavian Trading Tanker Co. AB v. Flota Petrolera Ecutoriana (The Scaptrade) - Q.B.D. (Com. Ct.) (Lloyd J. - 3 July 1981
In 1977 the plaintiffs chartered the vessel Scaptrade
from the defendant owners on the Shelltime 3 form which contained the usual provision for withdrawal in default of payment of hire. Hire was due on the 8th of each month. By 1979 the market had..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981
Paal Wilson & Co. A/S v. Partenrederei Hannah Blumenthal - Q.B.D. (Com. Ct.) (Staughton J.) - The Times, 10 July 1981
Mr. Justice Staughton has followed the Master of the Rolls in The Splendid Sun [1981] 2 Lloyd’s Rep. 29 in ruling that there can be frustration of an arbitration agreement where it is delayed by the mutual default of both parties. His lordship..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981
Godina & anr. v. Patrick Operations Pty. Ltd. & anr. (The Novovyatsk) - N.S.W. Dist. Ct. (Barbour J.) - 15 Jan. 1981
The plaintiffs were the consignees of goods which had been shipped from Genoa to Sydney in the vessel Novovyatsk
. After being discharged by the defendant stevedores the goods were left on the wharf to await collection by the plaintiffs. During this..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981
Acier Solac Ltd. v. The owners of the vessel Carola Reith et al. - Federal Ct. of Canada (Dube J.) - 7 May 1981
The plaintiffs were consignees of cargo, part of which was never received. The goods had been shipped in the vessel Carola Reith
from Antwerp to Montreal and although no explanation was given for the loss, there was no evidence that the shipowners..
Online Published Date:
23 July 1981
Appeared in issue:
45 - 23 July 1981