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Timberwest Forest Corporation v Pacific Link Ocean Services Corporation and Ors (The “Sea Commander” and “Ocean Oregon”) – Federal Court of Appeal (Décary, Sharlow and Ryer JJA) – 17 April 2009
In 2003 Timberwest agreed to sell a quantity of logs to Harwood Products Inc. Harwood arranged for transportation to Eureka, California, at its own expense. Title and risk remained with Timberwest until payment, which was not due until delivery.
On..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Trident International Ltd v American Steamship Owners Mutual Protection and Indemnity Association Inc – US Court of Appeals (2nd Circuit) (Jacobs CJ, Newman and Pooler Ct JJ) – 22 June 2009
The plaintiff (“Trident”) was a concessionaire on cruise ships, and contracted with time-charterer Imperial Majesty Cruise Line LLC (“IMCL”) to provide food and beverage service aboard the ship Regal Empress. Trident paid..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Regalindo Resources Pte Ltd v Seatrek Trans Pte Ltd (The “Startec”) – High Court of Singapore (Andrew Ang J) – 16 May 2008
The defendant (“Seatrek”) commenced arbitration proceedings in Singapore against the plaintiff (“Regalindo”) seeking damages for an alleged breach of a time charter containing a Singapore arbitration clause. The alleged..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
New Zealand China Clays Ltd and Ors v Tasman Orient Line CV (The “Tasman Pioneer”) – Court of Appeal of New Zealand (Chambers, Baragwanath and Fogarty JJ) – 9 April 2009
On 1 May 2001 the vessel Tasman Pioneer left Yokohama bound for Busan, Korea. Because the ship was behind schedule, the master decided that instead of passing west of Okino Shima, the usual route for vessels entering Bungo Suido from the south, he..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Sea Byte Inc v Hudson Marine Management Services Inc – US Court of Appeals (11th Circuit) (Barkett and Fay Ct JJ and Trager DJ) – 20 April 2009
On 26 March 2004 the vessel Eastwind ran aground on an underwater coral reef just off the Fort Lauderdale coast. The vessel’s P&I Club (Miller) arranged for Hudson Marine Management Services Inc, a “marine environmental casualty..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
Mazda Motors of America Inc and Anr v M/V Cougar Ace – US Court of Appeals (9th Circuit) (Susan P Graber, Raymond C Fisher and Milan D Smith Jr Ct JJ) – 8 May 2009
The plaintiffs were the owners and subrogated insurers of a cargo of automobiles carried on board the vessel Cougar Ace from Japan to various US ports. The plaintiffs alleged that the goods sustained more than US$40 million in water damage..
Online Published Date:
07 July 2009
Appeared in issue:
773 - 07 July 2009
The owners, demise charterers and time charterers of the ship “Western Neptune” v The owners and demise charterers of the ship “Philadelphia Express” – QBD (Admlty Ct) (David Steel J with nautical assessors) – 25 June 2009
In September 2007 the claimants’ seismic survey vessel Western Neptune was carrying out a survey in the Gulf of Mexico. She was towing a spread of 10 streamers and six gun arrays (“the array”). Each streamer extended for about..
Online Published Date:
20 July 2009
Appeared in issue:
774 - 21 July 2009
Gold Shipping Navigation Co SA v Lulu Maritime Ltd (The “Pearl of Jebel Ali” and “Pride of Al Salam 95”) – QBD (Admlty Ct) (Teare J) – 18 June 2009
On 17 October 2005 the vessels Pearl of Jebel Ali (“Jebel Ali”) and Pride of Al Salam 95 (“Al Salam”) collided in the Suez Canal, as a result of which Al Salam sank. The collision gave rise to a claim by the owners of Al..
Online Published Date:
20 July 2009
Appeared in issue:
774 - 21 July 2009
Kulberg Finances Inc v Spark Trading DMCC and Ors – US District Court (SDNY) (Sweet DJ) – 18 June 2009
The plaintiff seller (Kulberg) entered into a contract with the first defendant (“Spark”) for the sale to Spark of Ukrainian feed barley. Under the terms of the sale contract Kulberg was responsible for the delivery by cargo ship of the..
Online Published Date:
20 July 2009
Appeared in issue:
774 - 21 July 2009
Inta Navigation Ltd and Anr v Ranch Investments Ltd and Anr – QBD (Com Ct) (Teare J) – 5 June 2009
By a MOA on the Norwegian Saleform dated 26 November 2004 Inta Navigation Ltd and Genel Denizcilik Nakliy Ati AS (collectively “Geden”) agreed to sell to Ranch Investments Ltd and Wah Kwong Shipping Holdings Ltd (collectively “Wah..
Online Published Date:
20 July 2009
Appeared in issue:
774 - 21 July 2009