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The Rubi Sea - Q.B.D. (Adm.Ct.) (Sheen J.) -
5 February 1992
The vessel Rubi Sea
was arrested on 8 June 1991 pursuant to a writ in rem
claiming $121,641 for goods and materials supplied to the vessel at the port of Houston. On 10 June 1991, the vessel’s mortgagees issued a writ in..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
Antclizo Shipping Corporation v. The Food Corporation of India (The Antclizo (No. 2)) - Court of Appeal (Parker and Stocker L.JJ. and Sir John Megaw) - 8 February 1992
The Court of Appeal has dismissed the charterers’ appeal and the owners’ cross-appeal in this case. For the facts, see [1991] 2 Lloyd’s Rep. 485 and L.M.L.N. 302 - 1 June 1991.
Accordingly, there is now binding authority to the..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
The Bijela - Q.B.D. (Com.Ct.) (Hobhouse J.)
- 7 February 1992
The vessel Bijela
was chartered under the Gencon form for the carriage of a cargo of shredded scrap from Providence, Rhode Island to Kandla in India. Shortly after leaving Providence, the vessel grounded and damaged her bottom..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
The Coral - Q.B.D. (Adm.Ct.) (Sheen J.) -
3 February 1992
The plaintiff cargo owners sought summary judgment against the shipowners in respect of damage to the cargo sustained as a result of the collapse of the cargo stow during the voyage. The plaintiffs contended that the defendants had..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
Kurt A. Becher GmbH & Co. v. Voest Alpine Intertrading GmbH (The Rio Apapa) - Q.B.D. (Com.Ct.) (Hirst J.) - 11 December 1991
A sale contract was concluded on fob terms for the sale of Argentine soya bean extracted toasted pellets. The relevant contractual terms provided:
Shipment: during July 1988 - at buyer’s call . . . Extension and carrying charges: as per Centro..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
The Ocean Jade - Singapore High Court (Karthigesu J.) - 27 February 1991
The vessel Ocean Jade
was time-chartered under a charterparty dated 17 May 1990 for a time-chartered trip. On 31 May 1990 the time-charterers issued a bill of lading in respect of certain cargo, the receivers of which were the defendants. Delivery..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
Probulk Carriers Ltd. v. Pacific Commerce Line - Before Henry E. Englebrecht, Chairman, Jack Berg and Aghelos C. Boulalas - 16 December 1991
The issue in this arbitration was whether hire payable under the N.Y.P.E. charterparty should be calcualted on the basis of Greenwich Mean Time (G.M.T.) on delivery and redelivery, or on the basis of local time prevailing at the ports of delivery..
Online Published Date:
07 March 1992
Appeared in issue:
322 - 07 March 1992
Guardian Ocean Cargoes Ltd. v. Banco do Brasil (The Golden Med) - Q.B.D. (Com.Ct.) (Hirst J.) - 18 February 1992
The plaintiffs deposited U.S. $600,000 with the defendant bank in 1981 as an earnest of their sincerity in a proposed financing deal for a contract to build the vessel Golden Med
. The sums deposited were conditional on conclusion of a re-financing..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
Compania Maritima Villa Nova S.A. v. Northern Sales Co. (The Grecian Isles) - Federal Ct. of Appeal (Heald, Mahoney & Stone JJ.) - 20 November 1991
The United Nations Foreign Arbitral Awards Convention Act 1986 (“the Act”) brought into force the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. By subsection 4(2) of the Act, the..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
Monica Textile Corporation v. S.S. Tana - U.S. Court of Appeals (2nd Circuit) (Kearse, Pratt and McLaughlin C.JJ.) - 23 December 1991
The plaintiffs engaged the defendant carriers to transport a single 20-foot shipping container from Africa to Savannah, Georgia. The bill of lading disclosed that the container, which the plaintiffs had stuffed and sealed, held 76 bales of cotton..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
MV Achilleus v. Thai United Insurance Co. Ltd. - 1991 (1) S.A. 324 (Natal Provincial Division) (Howard J.P., Galgut and
Combrink JJ.)
The plaintiffs were interested in cargo shipped on board the vessel Hymetus
. They alleged that the cargo had been lost as a result of the shipowners’ breach of duty as carrier and through its negligence. The plaintiffs arrested..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
East Cross Sea Transport Inc. v. Elgin Brown & Hamer (Pty) Ltd. (The Lake Superior) - 1992 (1) S.A. 102 (Durban and Coast Local Divison) (Magid J.)
The respondent had not been paid for repairs carried out to the vessel Lake Huron
, and arrested the vessel Lake Superior
which, it alleged, was an associated ship. Lake Huron
was owned by East Cross Transport. Lake Superior
was owned by East..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
Compania De Navegacion Ingenious S.A. v. Armada (Asia) Co. Ltd. (The Ingenious) - Before Jack Berg - 13 January 1992
The vessel Ingenious
was chartered on the N.Y.P.E. form. Between 18 January 1990 and 1 March 1990 the vessel traded in areas in the Arabian Gulf which were additional war risk insurance premium areas. The shipowners purchased additional war risk..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992
7/92
The vessel was chartered on the Norgrain form. She arrived at Chimbote, Peru, to load cargo on 19 June. The port had been closed on 15 June because of heavy swell, and three vessels were already waiting at the anchorage. The port opened at 09 00 on..
Online Published Date:
21 March 1992
Appeared in issue:
323 - 21 March 1992