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Reiter Petroleum Inc v The Ship “Sam Hawk” – Federal Court of Australia (Full Court) (Allsop CJ, Kenny, Rares, Besanko and Edelman JJ) [2016] FCAFC 26 – 28 September 2016
Admiralty
jurisdiction – Action in rem based on maritime lien – Time-charterers failing to
pay for bunkers supplied to vessel – Bunker suppliers arresting vessel in Australia
on basis of maritime lien under United States or Canadian law – Whether foreign
maritime lien recognised under Australian law – Whether court had in rem jurisdiction
Online Published Date:
01 November 2016
Appeared in issue:
963 - 28 October 2016
Vinnlustodin HF and Another v Sea Tank Shipping AS (The “Aqasia”) – QBD (Comm Ct) (Sir Jeremy Cooke, sitting as a Judge of the High Court) [2016] EWHC 2514 (Comm) – 14 October 2016
Carriage
of goods by sea – Package limitation – 1924 Hague Rules, article IV rule 5 –
Whether package limitation capable of applying to bulk cargo – Meaning of “unit”
Online Published Date:
01 November 2016
Appeared in issue:
963 - 28 October 2016
Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The “Atlantik Confidence”) – QBD (Admlty Ct) (Teare J) [2016] EWHC 2412 (Admlty) – 11 October 2016
Limitation
of liability – Conduct barring limitation – Vessel catching fire in Gulf of
Aden and subsequently flooding and sinking – Owners seeking limitation decree –
Whether owners barred from limiting liability – Whether loss resulted from
owners’ personal act or omission committed with the intent to cause loss – Convention
on Limitation for Liability of Maritime Claims 1976, article 4
Online Published Date:
11 November 2016
Appeared in issue:
964 - 11 November 2016
The “Star Quest” and Others – High Ct (Steven Chong J) [2016] SGHC 100 – 20 May 2016
Carriage
of goods by sea – Bunkers shipped onboard vessels as cargoes for onward
delivery – Shipowners issuing bills of lading – Bunker supplier remaining
unpaid – Shipowners delivering bunker cargoes without production of bills of
lading – Bunker supplier bringing proceedings against shipowners – Whether
bills of lading operated as contractual document – Whether bunker supplier
entitled to summary judgment
Online Published Date:
11 November 2016
Appeared in issue:
964 - 11 November 2016
Bunker Holdings Ltd v The “YM Success” – US District Ct (Western District of Washington) (Benjamin H Settle DJ) – 6 June 2016
Admiralty
jurisdiction – Action in rem based on maritime lien – Shipowners failing to pay
for bunkers supplied to vessel – Whether physical bunker suppliers had maritime
lien against vessel – Summary judgment
Online Published Date:
11 November 2016
Appeared in issue:
964 - 11 November 2016
Ballantrae Holdings Inc v The Owners and all those interested in the ship “Phoenix Sun” – Federal Ct (Harrington J) 2016 FC 570 – 26 May 2016
Admiralty
practice – Priorities – Ranking of unregistered mortgagee
Online Published Date:
11 November 2016
Appeared in issue:
964 - 11 November 2016
Toll Holdings Ltd v Stewart and Others – Fed Ct of Australia (Rares J) [2016] FCA 256 – 15 March 2016
Practice
– Interpleader – Sale of goods – Buyer becoming insolvent – Goods in possession
of buyer’s freight forwarder – Seller exercising right of stoppage in transitu –
Whether freight forwarder entitled to interplead – Whether freight forwarder
liable to seller in conversion
Online Published Date:
25 November 2016
Appeared in issue:
965 - 25 November 2016
Regulus Ship Services Pte Ltd v Lundin Services BV and Another - QBD (Comm Ct) (Phillips J) [2016] EWHC 2674 (Comm) - 27 October 2016
Towage - Towcon providing that tow should be provided in light ballast condition - Whether tow in light ballast condition - Whether tugowner entitled to delay payments - Whether tugowner warranted average speed of about 4.5 knots - Whether Towcon repudiated by hirer or by tugowner
Online Published Date:
25 November 2016
Appeared in issue:
965 - 25 November 2016
Volcafe Ltd and Others v Compania Sud Americana de Vapores SA – Court of Appeal (Gloster and King LJJ and Flaux J) – 10 November 2016
Carriage
of goods by sea – Consignments of bagged coffee beans in containers carried on
LCL/FCL terms – Cargo found to be damaged by condensation – Burden of proof –
Inherent vice – Whether damage inevitable – Whether carrier
failed properly and carefully to load and carry the goods – Temporal scope
of Hague Rules
Online Published Date:
25 November 2016
Appeared in issue:
965 - 25 November 2016