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Pythia Compania Naviera S.A. v. A.F. Harmstorf & Co. G.m.b.H. (The Meridian Ice) - Q.B.D. (Com.Ct.) (Staughton J.) - 16 May 1985
A dispute arose between owners and charterers under a time charterparty. The dispute was referred to arbitration, and the arbitrator published an interim award which held that the charterers had repudiated the charterparty, and that the repudiation..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Armada Lines Continent-Mediterranean Service Ltd. v. Naviera N. Murueta S.A. - Q.B.D. (Com.Ct.) (Hobhouse J.) - 10 May 1985
The vessel was chartered on the Gencon form for the carriage of a cargo to Greece. When she arrived at Piraeus there was a strike going on. There was a delay in discharging consequent upon that strike. The strike was over in less than 48 hours and..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Settebello Ltd. v. Banco Totta & Acores - Court of Appeal (Sir John Donaldson M.R., Neill L.J. and Sir John Megaw) - 19 June 1985
The plaintiff buyers entered into an agreement with Portuguese shipbuilders for the building of a very large tanker. The contract provided that if the vessel was not ready for delivery by 30 April 1982 the plaintiffs would be entitled to cancel the..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Regina v. Dept of Transport, ex parte Sunderland Marine Insurance Co. Ltd. - Q.B.D. (Adm.Ct.) (Sheen J.) - The Times,
19 June 1985
The applicant sought a declaration that Merchant Shipping Notice No. M 1111 was invalid, and that an interpretation in it or rule 45(4) of the Fishing Vessels (Safety Provisions) Rules (S.I. 1975 No. 330) was wrong in law.
Held
, that..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Cantieri Navali Riuniti SpA v. N.V. Omne Justitia and other (The Stolt Marmaro) - Court of Appeal (Ackner, Robert Goff and Browne-Wilkinson L.JJ) - 23 May 1985
The vessel Stolt Marmaro
had sustained damage allegedly caused by insured perils. The ship was repaired in Genoa at a cost of about $3 million. The shipowners did not have the resources to pay for the work so they assigned to the repairers a..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Action S.A. v. Britannic Shipping Corporation Ltd. (The Aegis Britannic) - Q.B.D. (Com.Ct.) (Staughton J.) - 7 June 1985
The vessel Aegis Britannic
was chartered to carry a cargo of rice in bags from the U.S. Gulf to Basrah. When the cargo was discharged some of it was damaged. The receivers claimed against the owners in the Administrative Court of Basrah. They..
Online Published Date:
04 July 1985
Appeared in issue:
148 - 04 July 1985
Alfred C. Toepfer Schiffahrtsgesellschaft G.m.b.H. v. Tossa Marine Co. Ltd. (The Derby) - Court of Appeal (Kerr and Croom-Johnson L.JJ. and Sir Denys Buckley) - 10 July 1985
The vessel Derby
was time-chartered under the NYPE form. The vessel proceeded on a voyage to Leixoes in Portugal in May 1981. As a result of ITF pressure, the stevedores at Leixoes refused to discharge until various ITF demands had been met. The..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Empresa Cubana de Alimentos v. Octavia Shipping Co. Ltd. (The Kefalonia Wind) - Q.B.D. (Com.Ct.) (Bingham J.) - 3 July 1985
In late 1981 the vessel Kefalonia Wind
sailed from the Great Lakes to Cuba with a cargo of maize. As a result of stormy seas on passage seawater leaked through the hatch covers and the cargo was wetted. The plaintiff cargo owners claimed damages..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Olympia Sauna Shipping Co. S.A. v. Shinwa Kaiun Kaisha Ltd. (The Ypatia Halcoussis) - Q.B.D. (Com.Ct.) (Bingham J.) - 12 June 1985
The plaintiff shipowners chartered their vessel Ypatia Halcoussis
to the defendants under the NYPE form for one round trip. At the conclusion of the charter the defendants submitted a hire statement dated 3 July 1981. Deductions from hire were made..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Candlewood Navigation Corpn. Ltd. v. Mitsui OSK Lines Ltd. (The Mineral Transporter) - Privy Council (Lord Fraser, Lord Roskill, Lord Brandon, Lord Templeman and Lord Griffiths) - 1 July 1985
The vessel Ibaraki Maru
was damaged as the result of a collision with the vessel Mineral Transporter
and had to undergo repairs. The Mineral Transporter
was wholly to blame for the collision. The time-charterers of the Ibaraki Maru
sued the..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985
Banque Paribas v. The Fund comprising proceeds of sale of the M.V. Emerald Transporter - 1985 (2) S.A. 452
The vessel Emerald Transporter
had been arrested and sold pursuant to a court order. Disputes arose as to the preference of claims on the fund in court.
Section 11(1) of the Admiralty Jurisdiction Regulation Act 105 of 1983 provides:
Claims with..
Online Published Date:
18 July 1985
Appeared in issue:
149 - 18 July 1985