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A/S Awilco of Oslo v. Fulvia SPd di Navigazione of Cagliari (The Chikuma) - Lords Diplock, Simon of Glaisdale, Edmund-Davies, Scarman, Bridge - H.L. - Feb. 19, 1981
A telex transferring a monthly hire payment under a NYPE form from an intermediate Italian bank to the owners’ bank read: Pay without expenses for US$ . . . as per order of Christiana Bank . . . for account of A/S Awilco in favour of SASDA . ...
Online Published Date:
05 March 1981
Appeared in issue:
35 - 05 March 1981
Beogradska Plovidba v. Euroship S.A. - Mr. Justice Robert Goff - Q.B. - Feb. 19, 1981
The effect of the new R.S.C., O.12 was considered by Mr. Justice Robert Goff in an action brought by Beogradska Plovidba against Euroship S.A., of Panama, for demurrage. The writ was issued on Nov. 11, 1980, endorsed with the points of claim, and..
Online Published Date:
05 March 1981
Appeared in issue:
35 - 05 March 1981
Mitsui & Co. Ltd. & Ors. v. American Export Lines, Inc.; Armstrong Cork Canada & Ors. v. American Export Lines, Inc. - Chief Judge Feinberg, Circuit Judges Friendly and Oakes - U.S. Ct. of Apps. (2 Cir.) - Jan. 16, 1981
A number of containers were lost or damaged while en route from New York to Japan. The carrier admitted liability but then sought to limit his liability to $500 per container.
Appellants, Mitsui, had lost 124 stacks of 15 tin ingots, stowed in five..
Online Published Date:
05 March 1981
Appeared in issue:
35 - 05 March 1981
5/81
The owners claimed for balance of demurrage, the dispute being concerned with the commencement of laytime. The owners pleaded that laytime commenced at 08 00 on May 10 while the charterers argued that it commenced at 14 45 on May 13. The difference..
Online Published Date:
05 March 1981
Appeared in issue:
35 - 05 March 1981
The Alastor - Lord Justice Stephenson, Lord Justice Dunn and Sir David Cairns - C.A. - Mar. 6, 1981
The respondent’s yacht, Alastor
, collided with the appellant’s yacht Dona Pila 1
in Valletta harbour on July 24, 1975. The respondent was shifting his vessel to her normal berth. He cast off his stern mooring and worked his engines..
Online Published Date:
19 March 1981
Appeared in issue:
36 - 19 March 1981
In re Claybridge Shipping - Lord Denning, M.R., Lord Justice Shaw and Lord Justice Dunn - C.A.
It has been the practice
of the Court to strike out a creditor’s petition for winding up a company if there is a bona fide
and substantial dispute as to the debt on which it is based. The Court of Appeal however has allowed an appeal against..
Online Published Date:
19 March 1981
Appeared in issue:
36 - 19 March 1981
MacMillan Bloedel Ltd. and Kingcome Navigation Co. Ltd. v. Pan Ocean Bulk Carrier Ltd., The Ship Yu Kong and A. MacKinnon - Mr. Justice Collier - Fed.Ct. (Trial Div.) - Feb. 26, 1981
The second plaintiffs owned a tug which had been towing a boom of logs owned by the first plaintiffs. Yu Kong
was alleged to have negligently rammed the log boom and an action was brought by the plaintiffs for damages.
The plaintiffs applied for an..
Online Published Date:
19 March 1981
Appeared in issue:
36 - 19 March 1981
Tehno-Impex v. Gebr. Van Weelde Scheepvaartkantoor BV - Lord Denning, M.R., Lord Justice Watkins and Lord Justice Oliver (dissenting) - C.A. - Mar. 12, 1981
The Court of Appeal has held that arbitrators in the City of London have a wide discretion to award interest whenever it is just and equitable to do so. They are not bound by the strict rules of common law courts or of the statutes applicable to..
Online Published Date:
19 March 1981
Appeared in issue:
36 - 19 March 1981
The Silia - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Mar. 4, 1981
Silia
had been sold by order of the Court, and the proceeds of that sale paid into Court. The vessel was subject to two mortgages and a form of guarantee which were far in excess of the amount realized by the sale. Therefore unless any other claim..
Online Published Date:
19 March 1981
Appeared in issue:
36 - 19 March 1981