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Malaysian International Shipping Corporation v. Empresa Cubana De Fletes The Bunga Kenanga) - Mr. Justice Parker - Q.B. (Com.Ct.) - Sept. 15, 1980
The vessel Bunga Kenanga
was chartered by the claimant owners to the respondent charterers for a period of 9/12 months on a charter-party on the Baltime 1939 form. By agreement the charter-party provided that redelivery of the vessel had to be at a..
Online Published Date:
02 October 1980
Appeared in issue:
24 - 02 October 1980
Commonwealth of Puerto Rico v. Marbonanza Compania Naviera S.A., decided Aug. 12, 1980 by the Court of Appeals for the First Circuit
The decision of the Trial Court awarding $5.5 million damages was reversed as excessive but Judge Campbell said that on remand the Court could go beyond the market value of a tropical mangrove swamp and assess damages based on the total value of the..
Online Published Date:
02 October 1980
Appeared in issue:
24 - 02 October 1980
Demurrage claim - Reasoning in The Laura Prima distinguished
Owners claimed demurrage under an Exxonvoy 1969 charter. The vessel arrived off the loading port and tendered notice of readiness while at the anchorage, as no berth was then available. She remained there for over five days until shifting to the..
Online Published Date:
02 October 1980
Appeared in issue:
24 - 02 October 1980
S.M.A. Award No. 1437
In another recent arbitration, on the same form of charter, New York arbitrators have defined “storm” in cl.8. They held that a “storm” must be violent enough or turbulent enough to have caused something of an unusual..
Online Published Date:
02 October 1980
Appeared in issue:
24 - 02 October 1980
Suomen Hoyrylaiva Osakeyhtio Finska Angfartigs Aktiobolaget v. Chase International (Holdings) Ltd. & Ors. - Mr. Justice Marceau - Federal Court of Canada (Trial Division) - Sept. 26, 1980.
The defendants, Chase Ltd., chartered the plaintiffs’ vessel, Chase Two
, on the Baltime 1939 form, for employment in a liner service between Europe and Canada carrying containerized cargo.
On Jan. 12, 1979 Chase Two
arrived in Montreal with..
Online Published Date:
16 October 1980
Appeared in issue:
25 - 16 October 1980
Demurrage - Exxonvoy 1969
Owners claimed demurrage under an Exxonvoy 1969 charter. Charterers conceded that demurrage was due but disputed the amount. The vessel loaded in Nigeria where she used 50 hours and 30 minutes. Part of the cargo was discharged at South Riding Point..
Online Published Date:
16 October 1980
Appeared in issue:
25 - 16 October 1980
The Ras Dedgen (The cargo ex Panseptos) - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 8, 1980
The defendant carriers chartered the Panseptos for the carriage of Ethiopian linseed expeller in bulk from Assab to Liverpool. Shortly before arrival in Liverpool and during discharge fire broke out and damaged the cargo.
The bills of lading..
Online Published Date:
16 October 1980
Appeared in issue:
25 - 16 October 1980
Gulf Shipping Line Ltd. v. Jadranska S. Plovidba - Mr. Justice Neill - Q.B. - July 31, 1980
A time charter provided that any disputes should be referred to three arbitators in London, and it was common ground that the arbitration agreement was governed by English law. The plaintiff charterers, Gulf, sought a declaration that the..
Online Published Date:
16 October 1980
Appeared in issue:
25 - 16 October 1980
Stolos Compania Naviera S.A. v. Ajax Insurance Co. Ltd. - Lord Justice Stephenson, Lord Justice Dunn and Sir David Cairns - C.A. - Oct. 3, 1980
The Court of Appeal have upheld the Chambers decision reported in Issue No. 22 LMLN - “Insurers’ claim to set-off brokers’ debts against proceeds of marine insurance policy”
.
The appeal was dismissed and the judgment of the..
Online Published Date:
16 October 1980
Appeared in issue:
25 - 16 October 1980
The Star of Luxor - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 15, 1980
This was a defendants’ motion for an order that all further proceedings in an action brought against them in England be stayed.
In 1978 a cargo of Egyptian cotton yarn was carried in the defendants’ vessel, the Star of Luxor
, from..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Woodstock Shipping Co. v. Kyma Compania Naviera (The Wave) - Mr. Justice Mustill - Q.B. (Com.Ct.) Oct. 6, 7 and 15, 1980
The plaintiffs claimed damages amounting to approx. $4 million against the defendants, a Panamania company, the owners of the vessel Wave
. The plaintiffs claimed that: (i) there had been an agreement reached in April 1979 between brokers in London..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Woodstock Shipping Co. v. Kyma Compania Naviera S.A. (The Wave) - Mr. Justice Mustill - Q.B. (Com.Ct.) - Oct. 6, 7 and 15, 1980
The plaintiffs, Woodstock Shipping Co., claimed damages from the defendants Kymer Compania Naviera S.A. in respect of the repudiation of a time charter-party said to have been concluded between the plaintiffs and the defendants on the vessel Wave
...
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
The Vysotsk - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 23, 1980
In July 1976 two collisions occurred in the Malacca Strait. The first between Diego Silang
(plaintiffs) and Vysotsk
(defendants) and the second, a few minutes later, between Diego Silang
and Brazilian Faith
.
In respect of the first collision Mr...
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
The Fordson - Q.B.D. (Div.Ct.) (Lord Lane C.J. and Lloyd J.) - 14 October 1980
The defendant was the owner of the m/v Fordson
, and had held a waterman’s licence from the Port of London Authority (PLA) for over 25 years. On June 12, 1978 the PLA, purporting to act under bye-law 8(4) of the Port of London Waterman and..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Regina v. Kelly and Ors. - Lord Lane, C.J.,
Mr. Justice Stocker and Mr. Justice Glidewell - C.A. - Oct. 24, 1980
The Court of Appeal dismissed an appeal from three defendants against their convictions on charges of Criminal Damage contrary to s.1(1) Criminal Damages Act 1971. The defendants..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Coral Navigation Inc. v. Avin Chartering S.A. (The Kwai) - Mr. Justice Robert Goff - Q.B. (Com.Ct.) - Oct. 23, 1980
A dispute as to the construction of a charter-party was submitted to arbitration conducted under the Arbitration Act 1979. The arbitrators made a unanimous reasoned award in favour of the owners and added that they found the charterers’ case..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
27/80
A vessel was chartered for a trip from Europe via safe ports, always within Institute Warranty Limits (IWL), to the Persian Gulf.
A dispute arose as to liability for additional war risks premiums. The owners claimed the total additional premiums..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Shell & BP South African Petroleum Refineries (Pty) Ltd., & Ors. v. Osborne Panama S.A. - Mr. Justice Howard - Durban & Coast Local Division - May 4, 1980
The defendant’s vessel, in the process of mooring, collided with a mooring buoy. The first plaintiffs, the joint owners of the buoy, sued the shipowner for damages. Although the pilot was in direct control of navigation the defendant shipowner..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980
Bethlehem Steel Corporation v. Marriott Corporation, et al - U.S. Court of Appeals (6 Cir.) - Chief Judge Edwards, Circuit Judges Lively and Engel - Oct. 2, 1980
Disputes arose out of the collision of the Steelton
, a U.S. vessel, with a bridge spanning the Welland Canal on the St. Lawrence Seaway. Claims were filed in the U.S.A. and Canada against the shipowners by charterers and owners of vessels that had..
Online Published Date:
30 October 1980
Appeared in issue:
26 - 30 October 1980