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Wire Rope Industries of Canada (1966) Ltd. and B.C. Marine Shipbuilders Ltd. and Straits Towing Ltd. and F.M. Yorke & Son Ltd. and Wire Rope Industries Canada (1966) Ltd. and B.C. Marine Shipbuilders Ltd. and Straits Towing Ltd. - Hartland, Ritchie, Dickson, Beets, Estoy, McIntyre and Chouinard, JJ. - Supreme Court of Canada - Mar. 19, 1981
In Feb. 1968 the tug, Lorne Yorke
, towing the log barge, Westport Straits
, got into difficulties in heavy weather on the west coast of Vancouver Island when the tow-line became snagged on the bottom. The master of the tug, in order to save the tug..
Online Published Date:
14 May 1981
Appeared in issue:
40 - 14 May 1981
Transoceanic Petroleum Carriers v. Cook Industries Inc. (The Mary Lou) - Mr. Justice Mustill - Q.B. (Com.Ct.) - April 9, 1981
By a charter-party on Baltimore Berth Grain form dated Dec. 18, 1973 the defendant owners chartered their vessel Mary Lou
to the plaintiff charterers to carry a cargo of 33,000 tons of grain in bulk, 5% less quantity in owner’s option from..
Online Published Date:
14 May 1981
Appeared in issue:
40 - 14 May 1981
Fisher & Another v. P.G. Wellfair Ltd., Fox and Others v. P.G. Wellfair - Lord Denning, M.R., Lord Justice Dunn and Lord Justice O’Connor - C.A. - May 6, 1981
The Court of Appeal dismissed an appeal by P.G. Wellfair Ltd., builders of flats in London, from an order of Mr. Justice Ackner. This concerned proceedings brought by Annie Fox and purchasers of the flats, and Philip and Ethel Fisher, leasehold..
Online Published Date:
14 May 1981
Appeared in issue:
40 - 14 May 1981
Burrard-Yarrows Corporation v. The Ship Hoegh Merchant Leif Hoegh & Co. A/S - Mr. Justice Collier - Fed.Ct. (Trial Div.) - Mar. 24, 1981
Two marine diesel engines were shipped on board a Norwegian vessel from West Germany to Vancouver. The engines broke loose during the voyage and were badly damaged. On the vessel’s arrival and in lieu of such arrest a letter of undertaking was..
Online Published Date:
14 May 1981
Appeared in issue:
40 - 14 May 1981
The El Amria - Court of Appeal (Stephenson L.J., Brandon L.J. and Sir Stanley Rees) -
2 April 1981
The defendants were owners of the ship El Amria
. In March 1979 she loaded a cargo of potatoes at Alexandria for carriage to the United Kingdom. The bills of lading contained a foreign jurisdiction clause the effect of which was that..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981
Piccinini v. Partrederiet Trigon II - Q.B.D. (Com.Ct.) (Goff J.) - 18 May 1981
The parties entered into a contract of sale for a vessel on a Norwegian sale form with certain amendments and certain type clauses. Type clause 21 read as follows:
The vessel to be delivered with class maintained free of recommendations and free of..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981
Santa Martha Bay Scheepvaart & Handelsmaatschappij NV v. Scanbult A/S - Q.B.D. (Com.Ct.) (Mustill J.) - 18 May 1981
The respondents time-chartered a vessel from the claimant owners. Redelivery on completion of hire was to be at a safe port in South Japan not north of Tokyo Bay/Singapore range excluding North and South Vietnam, Cambodia and North Korea. During the..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981
R. Pagnan & Filli v. Lorico Lebanese Organisation for International Commerce - Q.B.D. (Com.Ct.) (Lloyd J.) - 15 May 1981
By a contract dated 25 September 1978 on GAFTA Form 41 the plaintiffs sold to the defendants 8,500 tons of Argentine maize already onboard the S.S. Caloric
at a price of $119 per metric ton c.i.f. Beirut. The Caloric
arrived off Beirut on 2..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981
Westzucker GmbH v. Bunge GmbH - Bremer Handelsgesellschaft mbH v. Westzucker GmbH - Court of Appeal (Stephenson L.J., Shaw L.J. and Donaldson L.J.) - 15 May 1981
The Court of Appeal, in a reserved judgment, has said that it is of the greatest importance that trade arbitrators working under the 1979 Arbitration Act should realize that their whole approach should be different from that previously adopted. They..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981
The Toluca - Q.B.D. (Adm.Ct.) (Sheen J.) - 15 May 1981
Mr. Justice Sheen has emphasized the importance of bringing actions to trial with the minimum delay. In this action, the trial took place seven years after the collision had occurred. Although as a general rule oral evidence tested by..
Online Published Date:
28 May 1981
Appeared in issue:
41 - 28 May 1981