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Chilean Nitrate Sales Corpn. v. Marine Transportation Co. Ltd. (The Hermosa) - Court of Appeal (Cumming-Bruce, Donaldson and Oliver L.JJ.) - 3 March 1982
Maritime Transportation Co. (MTC) were time-charterers of the vessel Hermosa
. Chilean Nitrate Sales Corpn. (Nitrates) had sub-chartered the vessel from MTC. On August 1975, Nitrates terminated the sub-charter on the grounds that MTC had evinced an..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
The Span Terza (No. 2) - Q.B.D. (Adm.Ct.) (Sheen J.) - 27 April 1982
The vessel Span Terza
was arrested on 18 November 1981. An order for appraisal and sale was made on 16 December 1981 with all questions as to priorities being reserved. This was an application by interveners for a declaration that they were the..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
Ocean Star Tankers S.A. v. Total Transport Corpn. of Panama (The Taygetos) - Q.B.D. (Com.Ct.) (Bingham J.) - 2 March 1982
The charterparty was made in February 1973 on the Beepeetime 2 Form. The vessel was delivered in August 1975 and the period of the charter was 10 years. Clause 38 provided:
Any extra expenses which may be incurred by owners if the vessel has to..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
D/S A/S Idaho v. P & O Steam Navigation Co. (The Strathnewton) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 7 April 1982
The vessel was time-chartered on the NYPE form which contained a U.S.A. clause paramount. Clause 55 provided:
- 55. Cargo claims under this charterparty to be settled between owners and charterers under the Inter Club NYPE Agreement.
- This was a..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
The Smjeli Q.B.D. (Adm.Ct.) (Sheen J.) - 27 April 1982
The tug Smjeli
was towing a dumb barge laden with steel oil rig sections from Rotterdam to Yugoslavia. The towing hawser parted off Dungeness and the barge, driven by a southerly gale, went aground near Folkestone. The defendant shipowners admitted..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
The Bamcell II - Ct. of Appeal - 29 March 1982
The Bamcell II
was a vessel of unique design. Originally a barge, she had been converted to perform as a floating platform. She was partially open to the sea on her bottom and was kept afloat by an airtight deck. The design enabled her stern to be..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
N.V. Bocimar S.A. v. Century Insurance Co. of Canada (The Hasselt) - Fed.Ct. (Addy J.) - 17 December 1981
The plaintiff owners of the Hasselt
sued the defendant insurers of the cargo owners for a general average claim relating to expenses incurred as a result of a fire on board the vessel. The claim was resisted on the grounds that the ship was..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
The Har Rai - Fed.Ct. (Mahoney J.) - 5 March 1982
This was an action to enforce a maritime lien that arose under the law of the U.S.A. The plaintiff, a Californian corporation, had supplied the Har Rai
with bunker and diesel fuel oil. The vessel was arrested in Vancouver. At the trial, the..
Online Published Date:
13 May 1982
Appeared in issue:
66 - 13 May 1982
Blue Anchor Line v. Alfred C. Toepfer International (The Union Amsterdam) - Q.B.D. (Com.Ct.) (Parker J.) - 7 April 1982
Laytime expired while the vessel was awaiting berth at the discharging port. Demurrage had begun to accrue under the charterparty when a berth became available and pilots boarded in order to take her into the berth. About 90 minutes later she..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Uni-ocean Lines v. C-Trade (The Lucille) - Q.B.D. (Com.Ct.) (Parker J.) - 2 March 1982
The Lucille
was one of the vessels trapped in the Shatt-al-Arab as a result of the Iran/Iraq war. Arbitrators made declarations by way of an interim award on five issues, namely: (1) safe port (2) employment and indemnity (3) cancellation (4)..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Oxford Shipping Co. v. Nippon Yusen Kaisha (The Eastern Saga) - Q.B.D. (Com.Ct.) (Mustill J.) - 5 March 1982
In this application for leave to appeal from the arbitrator under the Arbitration Act 1979, Mustill J. considered what the Court’s approach should be when faced with an application for leave in a rather novel situation. He held that the Court..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Buenamar Compania Navera v. Amoco Transport (The Garbis (No. 2)) - 18 August 1980. Before John P. Palmer, Lloyd C. Nelson and Kendrick van Biema (in dissent)
The charterparty was on the Exxonvoy 1969 Form. Part I provided:
A. Description and position of vessel:
Deadweight 74,107 tons (2240 lbs)
Loaded draft of vessel on assigned summer freeboard 45 feet 10 inches in..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Crew’s strike unlawful by law of employment contract - ITF commit tort in supporting crew’s action
In May 1981 some 25 Philippino crew members of the vessel Saudi Independence
, lying at Rotterdam, went on strike for higher (ITF scale) wages. The crew members’ action was supported by the ITF. In a judgment dated 12 June 1981, the President..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Yorkshire Electricity Board v. Estonian Shipping Co. (The Virtsu) - Court of Appeal (Stephenson, Kerr I. JJ. and Sir David Cairns) - 30 April 1982
This was an appeal from Sheen J.’s decision relating to the construction of an offer of settlement of a claim. For the facts of the case, see LMLN 57 - 7 January 1982.
Held
, allowing the appeal, that in the context of the exchanges of..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Cargill Inc. v. Rionda de Pass Ltd. (The Giannis Xilas) - Q.B.D. (Com.Ct.) (Bingham J.) - 6 April 1982
The plaintiff sellers contracted to sell to the defendants a quantity of sugar in jute bags fob stowed Antwerp. The relevant clause read:
150 metric tons per workable hatch and pro rata with maximum 750 metric tons per weather working day . . ...
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982