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Ferrum G.m.b.H. v. Owners of The Mozart - Q.B.D. (Com.Ct.) (Mustill J.) - 29 October 1984
The vessel Mozart
was chartered under the Americanized Welsh Coal Charter form. Clause 3 provided:
Any time lost through . . . any cause whatsoever beyond the control of the charterer affecting . . . loading . . . not to be computed as part of the..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
The Erikoussa - Q.B.D. (Adm.Ct.) (Sheen J.) - 26 October 1984
The Admiralty judge has given guidance on how the Court will exercise its discretion in deciding whether to permit a surveyor to board a vessel to inspect and take samples where there is an allegation of short delivery of oil cargo. The relevant..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
Shipping Co. Uniform Inc. v. ITF (The Uniform Star) - Q.B.D. (Com.Ct.) (Staughton J.) - 11 October 1984 (see below)
The vessel Uniform Star
was on a voyage charter from Tilbury to Japan. Whilst at Tilbury, the ITF brought an action in the Admiralty Court on behalf of 20 members of the crew claiming U.S. $279,000 as balance of wages made up to ITF levels. The..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
Shipping Co. Uniform Inc. v. ITF (The Uniform Star) - Q.B.D. (Com.Ct.) (Staughton J. - 11 October 1984 (see above)
One of the questions raised in this case was whether the threatened conduct by ITF would also be unlawful for want of a ballot under sections 10 and 11 of the new 1984 Act. The problem was that ITF was a federation of affiliated trade unions and..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
Armagas Ltd. v. Mundogas S.A. (The Ocean Frost) - Court of Appeal (Stephenson, Dunn & Robert Goff L.JJ.) - 18 October 1984
Armagas bought the vessel Ocean Frost
from Mundogas and chartered her back to Mundogas. Mr. M. was Mundogas’s Vice President (Transportation) and Chartering Manager. He negotiated the charterparty with Mr. J., a friend and broker. Mr. M...
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
Interore Trading Ltd. v. The General Trading & Chemicals Co. (The North Wave) - Before Jack Berg (Chairman), William V. Griffin and George F. Gahles - 19 October 1984
The plaintiff sellers agreed to sell a quantity of urea to the defendant buyers. In executing its delivery obligations, the sellers voyage-chartered the vessel North Wave
to carry the urea from Yugoslavia to Egypt. The sale contract provided that..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
26/84
The vessel was under time charter and was discharging a cargo of rice. The port authority ordered the discharge to be stopped because the quarantine inspector had found indications of infestation. The port authority required that the cargo be..
Online Published Date:
08 November 1984
Appeared in issue:
131 - 08 November 1984
Ilyssia Compania Naviera S.A. v. Ahmed Bamaodah (The Elli 2); Kition Compania Naviera S.A. v. Ahmed Bamaodah (The Toulla); Lemythou Compania Naviera S.A. v. Ahmed Bamaodah (The Eleni 2) - Court of Appeal (Ackner & May L.JJ.) - 9 November 1984
This case is a modern illustration of the principle in Brandt
v. Liverpool Brazil & River Plate Steam Navigation Co. Ltd.
[1924] 1 K.B. 575, i.e.
where a party presents a bill of lading to the shipowner, pays the freight and takes delivery of..
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984
Selco Salvage Ltd. v. Owners of M/V Ibn Rushd and cargo; Selco Salvage Ltd. v. Owners of M/V Golden Pond and cargo - Q.B.D. (Bristow J. sitting with Assessors) - 2 November 1984
These were appeals by ship and cargo owners from two taxations of costs in respect of an arbitration award and an arbitration appeal award respectively on claims by Selco Ltd. as contractors under Lloyd’s Standard Form. The following items of..
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984
Bremerhandelsgesellschaft m.b.H. v. ETS Soules et Cie and Anr. - Q.B.D. (Com.Ct.) (Mustill J.) - 11 October 1984
In November 1972, B. Ltd. sold 1,320 tonnes of U.S. soyabean meal to S. Ltd. for shipment between April and September 1973. The contract was affected by the 1973 U.S. soyabean meal embargo. S. Ltd. brought arbitration proceedings against B. Ltd...
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984
Katagum Wholesale Commodities Co. Ltd. v. The Paz - Natal Provincial Division (Kriek, Didcott and Friedman JJ.) - 1984 (3) S.A. 216
Section 5(3) of the Admiralty Jurisdiction Regulation Act 105 of 1983 provides:
(a) A Court may in the exercise of its admiralty jurisdiction order the arrest of any property if
(i) the person seeking the arrest..
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984
E. E. Sharp & Sons Ltd. v. The Nefeli - Cape Provincial Division (King A.J.) - 1984 (3) S.A. 325
Under the Admiralty Jurisdiction Regulation Act 105 of 1983, a plaintiff claiming in respect of goods supplied to a ship can bring an Admiralty action in rem
against the ship or an “associated ship”, defined in section 3(7) as follows:
..
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984
Mineralolhandelsgesellschaft m.b.H. v. Commonwealth Oil Refining Co. - U.S.Ct. of Appeals (5th Circ.) (Brown, Tate & Higginbotham C.JJ.) - 25 June 1984
A shipload of naphtha was at sea in a vessel chartered by a third party. The plaintiff offered to buy the naphtha and resell it to the defendant. The defendant accepted. After the sale and resale, the third party charterer became liable to the..
Online Published Date:
22 November 1984
Appeared in issue:
132 - 22 November 1984