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Bank of Novia Scotia v. Hellenic Mutual War Risks Association (Bermuda) Ltd. (The Good Luck) - House of Lords (Lord Bridge, Lord Brandon, Lord Oliver, Lord Goff and Lord Lowry) - 16 May 1991
The Good Faith group of companies was run by a Captain Frangos and a Mr. Moundreas. In 1981 the group was entered in the Hellenic Mutual War Risks Association (Bermuda) Ltd. (“the club”). The club was managed by Thomas R. Miller &..
Online Published Date:
01 June 1991
Appeared in issue:
302 - 01 June 1991
Leif Hoegh & Co. A/S v. Petrolsea Inc. (The World Era) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 27 March 1991
The disponent owners of the vessel World Era
chartered her to the defendants. The defendants sub chartered the vessel on back to back terms. The charterers and the sub charterers were both subsidiaries of companies in the Marc Rich & Co. A.G...
Online Published Date:
01 June 1991
Appeared in issue:
302 - 01 June 1991
J. Gadsden Pty. Ltd. v. Strider 1 Ltd. (The AES Express) - Supreme Ct. of N.S.W. (Adm.Div.) (Carruthers J.) - 27 April 1990
On 25 April 1985 the defendant shipowners chartered their vessel A.E.S. Express
on the Baltime 1939 form. In early 1986 the vessel was scheduled to undertake a voyage from the U.S.A. to Auckland, and thence Sydney and Melbourne. On 6 February 1986..
Online Published Date:
01 June 1991
Appeared in issue:
302 - 01 June 1991
Antclizo Shipping Corporation v. The Food Corporation of India (The Antclizo) - Q.B.D. (Com.Ct.) (Hirst J.) - 2 May 1991
The vessel Antclizo
was chartered for a voyage from the United States to Bombay. Clause 34 of the charterparty provided that laytime was to count from 24 hours after receipt of notice of readiness to discharge, “vessel also having been..
Online Published Date:
01 June 1991
Appeared in issue:
302 - 01 June 1991
NCNB Texas National Bank v. The Evensong Co. Ltd. (The Mikado) - Q.B.D. (Adm.Ct.) (Sheen J.) - 15 May 1991
In 1984 the plaintiff bank lent $25 million to Mr. John Burton Rogers for investment in real estate. A slump in the real estate market left Mr. Rogers in financial difficulties. In 1986 Mr. Rogers sought to restructure the loan. He repaid part of..
Online Published Date:
15 June 1991
Appeared in issue:
303 - 15 June 1991
The Continental Bank of Canada and others v. H.M. Queen in right of the province of British Columbia (The Westminster Tyee) - Federal Court of Appeal (Heald, Hugessen and Stone JJ.A.) - 21 February 1991
This appeal arose out of a mishap which occurred at the Port of Vancouver on 21 January 1983 when the boom of a crane mounted on the deck of a barge struck the Lions Gate Bridge while in the tow of the tug Westminster Tyee
. The tug had been..
Online Published Date:
15 June 1991
Appeared in issue:
303 - 15 June 1991
Agro Products Trading Corpn. and another v. M/V Mercantil Parati and others - U.S. District Court (District of New Jersey) (Alfred M. Wolin D.J.) - 8 May 1991
The Brazilian vessel Mercantil Parati
was owned by the defendants Merchem Mercantil E. Navegacao S.A. The defendants Empresa de Navigacao and Tamar Shipping Ltd. issued bills of lading to the plaintiff cargo interests. The bills incorporated the..
Online Published Date:
15 June 1991
Appeared in issue:
303 - 15 June 1991
Hunley v. Ace Maritime Corporation (The Eastern Grace) - U.S. Court of Appeals (9th Circuit) (Goodwin, Nelson & Leavy C.JJ.) - 6 March 1991
At 6:10 a.m. on 10 May 1985 the vessels Tryend
and Eastern Grace
collided on the high seas. The Tryend
, a fishing vessel, drifted without power, without a lookout, and without displaying a not-under-command signal in a commercial shipping lane...
Online Published Date:
15 June 1991
Appeared in issue:
303 - 15 June 1991
7/91
The vessel was delayed by bad weather after arrival at the loading port. Clause 6 of the Tanker Motor Vessel Voyage form charter provided that the ship was to “load . . . at a place or at a dock or alongside lighters reachable on her arrival,..
Online Published Date:
15 June 1991
Appeared in issue:
303 - 15 June 1991
8/91
A further issue arising under London Arbitration 7/91 (see L.M.L.N. 303) was whether the owners were entitled to demurrage in respect of a period of 1 hour, being the time taken for the ship to shift from the anchorage at which she had been waiting..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991
9/91
A third issue arising under London Arbitration 7/91 (see L.M.L.N. 303) was whether the owners’ demurrage claim should be reduced in respect of a period of 3 hours deballasting at the loading port. Again, the charterers sought to rely on clause..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991
10/91
The charterers were in the business of buying and selling a particular commodity, of which there were three grades - grade A (the best), grade B and grade C (the worst). One of the charterers’ main customers for grade A was P. P bought between..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991
11/91
The vessel was chartered on the Tanker Voyage Charterparty Form (Vegoilvoy 1/27/50). There was no dispute that a delay of one hour had occurred between the completion of loading and the disconnection of hoses. The charterers submitted that their..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991
12/91
The vessel was chartered on the Tanker Voyage Charterparty form (Vegoilvoy 1/27/50) for a voyage from South America to Iran. By clause 2 of the additional printed clauses, freight was to be paid, less 4% address commission and estimated discharge..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991
13/91
One of the additional typed clauses of the charterparty provided:
Demurrage, if any, to be settled 90 days after completion of discharge and charterers having received all relevant load/discharge documents duly signed.
An issue arose as to the date..
Online Published Date:
29 June 1991
Appeared in issue:
304 - 29 June 1991