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Comatra Ltd and Anr v Various Underwriters (The ‘ABT Rasha’) - Court of Appeal (Pill and Clarke LJJ and Bennett J) - 31 July 2000
As a result of a general average incident, the vessel ABT Rasha
diverted towards Port Elizabeth as a port of refuge. Inspection at Algoa Bay made it evident that the vessel needed to be dry-docked. The cargo was transhipped to another vessel. Prior..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
MSC Mediterranean Shipping Co SA v Delumar and Ors (The ‘MSC Rosa M’) - QBD (Admlty Ct)(David Steel J) - 13 July 2000
The issue in this limitation action was whether the defendant cargo interests had raised an arguable case that the claimant shipowners were not entitled to a decree of limitation. It was common ground that the shipowners were entitled to a decree..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
Bayside Towing Ltd and Ors v Canadian Pacific Railway and Anr (The ‘Sheena M’) - Federal Ct (Trial Div)(Hargrave P) - 2 February 2000
The plaintiffs were said to have done some $5,000,000 damage to the Canadian Pacific Railway bridge at Mission, British Columbia, when the dumb barge Rivtow 901
towed by Bayside Towing Ltd’s tug Sheena M
struck the bridge on 2 June 1999. The..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
Sea Melody Enterprises SA v Bulktrans (Europe) Corporation (The ‘Merak S’) - High Ct (Durban and Coast Local Div)(Niles-Duner J) - 25 February 2000
Disputes arose under a charter of the vessel Merak S.
The charterers intended to bring arbitration proceedings in London. On 17 March 1999 the charterers applied under section 5(3) of the Admiralty Jurisdiction Regulation Act, 105 of 1983..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
Tabora Navigation Co Ltd v Sucden M (Moscow) Co Ltd (The ‘Multi Diamond’) - High Ct (Durban and Coast Local Div)(Hugo J) - 31 March 2000
On 24 March 2000 the respondent caused the arrest of the ship Multi Diamond
on the basis that it was an associated ship of the Marios.
The Marios
had previously been arrested by the respondent in Poland in June 1996. Security had been established..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
Yuryev Shipping Ltd and Anr v mv ‘Belnor’ - High Ct (Durban and Coast Local Div)(Theron J) - 7 June 2000
The vessel Belnor
was arrested in rem
as an associated ship in order to provide security for the applicants’ claims in a London arbitration. The issue was the extent of the security to be provided by the respondent vessel, pursuant to..
Online Published Date:
14 September 2000
Appeared in issue:
544 - 14 September 2000
Control Chemicals v Safbank Line Ltd and Ors (The ‘Recife’) - Supreme Ct of Appeal (Nienaber, Schultz, Scott, Zulman and Streicher JJA) - 28 March 2000
The appellant shippers had shipped a container of 1005 boxes containing tablets of calcium hypochlorite (used as water purifiers, particularly in swimming pools). Dry calcium hypochlorite with a content of more than 39% available chlorine was listed..
Online Published Date:
28 September 2000
Appeared in issue:
545 - 28 September 2000
London Arbitration 10/00
The vessel was chartered on the Synacomex form for the carriage of a cargo of agricultural products from Paranagua to Europe. The vessel arrived off Paranagua on 3 April. Notice of readiness was tendered the same day. However, congestion prevented..
Online Published Date:
28 September 2000
Appeared in issue:
545 - 28 September 2000
London Arbitration 11/00
This dispute concerned the time of commencement of laytime at the loading port. The owners submitted that laytime commenced at 1300 on 28 May whereas the charterers contended that the laytime clock did not start running until 0700 on 10 June. The..
Online Published Date:
28 September 2000
Appeared in issue:
545 - 28 September 2000