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Eurico SpA v. Philipp Bros. (The Epaphus) - Q.B.D. (Com.Ct.) (Staughton J.) - 20 May, 1986
The vessel Epaphus
was chartered for the carriage of a cargo of bagged rice from India to a range of ports in the East Africa area. Bills of lading were issued providing for carriage to Mombasa. The bills of lading subsequently came into the..
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
The Ouro Fino - Q.B.D. (Adm.Ct.) (Sheen J. with Assessors) - 23 June 1986
The plaintiffs’ motor vessel Rimac
collided with the defendants’ barge BGL-2
in January 1979 in the mouth of the river Schelde about two miles from Flushing. Rimac
, 10,560 g.r.t., was outward bound from Antwerp. BGL-2
, 11,877 g.r.t...
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
The Silver Athens (1986 Action) - Q.B.D. (Adm.Ct.) (Sheen J.) - 22 May 1986
In March 1984 the plaintiff time-charterers issued a writ in rem
against the vessel Silver Athens
claiming damages or an indemnity in respect of any sum the charterers might have to pay to the owners of cargo. The plaintiffs applied for and..
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
The Silver Athens (1984 Action) - Q.B.D. (Adm.Ct.) (Sheen J.) - 16 June 1986
After judgment had been given in the 1986 Action, the court had been informed that when the ship was released from her recent arrest, the defendants not only gave security in the 1986 Action, but also gave security in the 1984 Action. The latter..
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
S/S Steamship Co. Ltd. v. Eastern Caribbean Container Line S.A. - Fed.Ct. of Appeal (Pratte, Hugessen and Lacombe JJ.) - 26 February 1986
The appellants obtained judgment by default against E. for the sum of $111,296. They commenced garnishee proceedings against B. which allegedly owed $8,700 to E. as freight under a bill of lading. B. disputed liability on the ground that E. had made..
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
Equilease Corporation v. M/V Sampson et al. - U.S. Ct. of Appeals (5th Circuit) (Clark C.J., Gee, Rubin, Reavley, Politz, Randall, Johnson, Williams, Garwood, Jolly, Higginbotham, Davis, Hill and Jones C.JJ.) - 25 April 1986
The charterers of three vessels were required by the charters to purchase insurance for each vessel. Insurance cover was arranged through agents. The charterers defaulted on the insurance premiums. $184,000 of the insurance premiums remained owing..
Online Published Date:
03 July 1986
Appeared in issue:
174 - 03 July 1986
Continental Illinois National Bank and Trust Co. v. Papanicolaou - Court of Appeal (Parker and Nourse L.JJ. and Sir Roger Ormrod) - 1 July 1986
The plaintiff bank applied for summary judgment against the guarantors under three loan agreements. The defendants alleged that they had cross-claims against the bank for damages in negligence in carrying out its duties as mortgagee. The defendants..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Food Corporation of India v. Marastro Cia. Naviera S.A. (The Trade Fortitude) - Court of Appeal (Dillon, Lloyd and Nicholls L.JJ.) - 19 May 1986
The vessel Trade Fortitude
was voyage-chartered under a charterparty dated 1974 containing the Centrocon arbitration clause. Disputes arose in connection with demurrage and an arbitration was commenced in January 1976. The Arbitration Act 1950 was..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Food Corporation of India v. Marastro Cia. Naviera S.A. (The Trade Fortitude) - Court of Appeal (Dillon, Lloyd and Nicholls L.JJ.) - 19 May 1986
Shipowners claimed demurrage against charterers. The arbitrator awarded demurrage for 153 days 4 hours 18 minutes. He held that a total of 4 days 15 hours 13 minutes was not to count against laytime. The charterers argued that the arbitrator had..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
ITO - International Terminal Operators Ltd. v. Miida Electronics Inc. and Mitsui OSK Lines - Supreme Court (Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.) - 26 June 1986
A cargo of electronic calculators was carried in a vessel owned by Mitsui from Japan to Montreal. The owners of the goods were Miida. The goods arrived in Montreal and were picked up by ITO, a cargo handling or stevedoring company and terminal..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Alpine Bulk Transport Co. Inc. v. Saudi Eagle Shipping Co. Ltd. (The Saudi Ambassador) - Court of Appeal (O’Connor L.J. and Sir Roger Ormrod) - 1 July 1986
The Court of Appeal has made it clear that a defendant seeking to set aside a judgment obtained in default of giving notice of intention to defend under Order 13 of the Rules of the Supreme Court has a higher burden than a defendant seeking leave to..
Online Published Date:
17 July 1986
Appeared in issue:
175 - 17 July 1986
Bulk Transport Group Shipping Ltd. v. Seacrystal Shipping Ltd. (The Kyzikos) - Q.B.D. (Com.Ct.) (Webster J.) - 31 July 1986
The vessel Kyzikos
was chartered on the Gencon form as amended. The relevant charterparty clauses provided:
- 11 . . . Discharging port or place (C1 1) safe . . . berth(s) each port - 1/2 safe port(s) U.S. Gulf . . .
5. Cargo . . . to be loaded ...
Online Published Date:
31 July 1986
Appeared in issue:
176 - 31 July 1986
Mariana Islands Steamship Corporation v. Marimpex Mineraloel-Handelsgesellschaft M.b.H. (The Medusa) - Court of Appeal (Neill and Nicholls L.JJ.) - 17 June 1986
This case illustrates the vital importance of owners ensuring that demurrage claims are presented promptly in accordance with the terms of the charterparty. The relevant charter was on the 1983 BP form as amended. An arbitration clause in..
Online Published Date:
31 July 1986
Appeared in issue:
176 - 31 July 1986
Holman v. F.T. Everard & Sons Ltd. (The Jack Wharton) - Q.B.D. (Adm.Ct.) (Sheen J.) - 20 June 1986
The plaintiff was the Chief Officer of the motor vessel Jack Wharton
, a single-screw cargo vessel of 1597 g.r.t. In the early hours of 4 January 1979 the Master decided to anchor the vessel about three miles from Shoreham. The weather conditions..
Online Published Date:
31 July 1986
Appeared in issue:
176 - 31 July 1986
Euromarine International of Mauren v. The Ship Berg and Others - 1986 (2) S.A. 700
The appellant, a foreign company, brought a claim against the vessel Pericles, owned by A (a Panamanian company), arising out of a time charterparty. The appellant alleged that, as a result of the negligence of the shipowners, the Pericles
became..
Online Published Date:
31 July 1986
Appeared in issue:
176 - 31 July 1986
Sun-Line (Management) Ltd. v. Canpotex Shipping Services Ltd. - Singapore High Court (Rajah J.) - 7 May 1986
Sun-Line was a Hong Kong company. It chartered out one of its vessels to Canpotex, a Canadian company, under a charterparty which provided that any disputes should be referred to arbitration in London and be subject to English law. The arbitration..
Online Published Date:
31 July 1986
Appeared in issue:
176 - 31 July 1986