- Home/Publications/Lloyd's Maritime Law Newsletter
Empire Shipping Co. Inc. v. The Shin Kobe Maru - Federal Court of Australia (Gummow J.) - 28 October 1991
The plaintiff brought in rem
proceedings against the owners of the ship Shin Kobe Maru
. The plaintiff argued that it had a proprietary maritime claim against the ship and that the proceedings were properly instituted as an action in rem
. The..
Online Published Date:
14 December 1991
Appeared in issue:
316 - 14 December 1991
Shibamato & Co. Ltd. and others v. Louis de Arias and others (The Nicolle N) - Fed.Ct. (Trial Div.) (Rouleau J.) - 11 September 1991
The vessel Nicolle N
was arrested by the plaintiffs on 16 September 1988. Bail was fixed in the amount of U.S. $1,300,000. The plaintiffs’ action was for conversion. The plaintiffs filed a caveat release of the vessel based on a claim for..
Online Published Date:
14 December 1991
Appeared in issue:
316 - 14 December 1991
Belco Petroleum Corporation v. A.J.G. Oil Rig Inc. - New York Supreme Court, Appellate Div., First Dept (Kupferman J.P. and Wallach, Smith and Rubin JJ.) - 17 January 1991
One of the issues in their appeal was whether punitive damages could be awarded against an insurance company for conduct amounting to an unfair claim settlement practice as defined by Insurance Law section 2601. The term was defined to include..
Online Published Date:
14 December 1991
Appeared in issue:
316 - 14 December 1991
26/91
The claimants sold to the respondents a quantity of 50,000 tonnes of fuel oil on a c.&f. basis. Payment was to be made “in full net cash based on bill of lading quality” under a letter of credit against presentation of documents. The..
Online Published Date:
14 December 1991
Appeared in issue:
316 - 14 December 1991
27/91
The vessel was chartered on the Norgrain form as amended. The vessel tendered notice of readiness from the anchorage at the discharge port. After a wait, the ship shifted to her berth, taking a period of 2 hours 15 minutes. The charterers submitted..
Online Published Date:
14 December 1991
Appeared in issue:
316 - 14 December 1991
Carrington Slipways Pty Ltd. v. Patrick Operations Pty Ltd. (The Shardana) - N.S.W. Court of Appeal (Kirby P., Samuels and Handley JJ.A.) - 14 November 1991
Two bills of lading were issued in respect of the same cargo. One was a bill issued by the freight forwarder, and the other by the time charterers, on behalf of the owners of the vessel Shardana
. The cargo was damaged by stevedores during discharge..
Online Published Date:
28 December 1991
Appeared in issue:
317 - 28 December 1991
Union Transport P.L.C. v. Continental Lines S.A. - House of Lords (Lord Keith, Lord Ackner, Lord Goff, Lord Jauncey and Lord Lowry) - 12 December 1991
The appellant shipowners were domiciled in Belgium. They concluded a fixture with the respondent charterers by telex, fax and telephone exchanges. The fixture provided for the carriage of a cargo of telegraph poles from Florida to Bangladesh. The..
Online Published Date:
28 December 1991
Appeared in issue:
317 - 28 December 1991
28/91
The vessel was chartered on the Asba II form. One of the additional clauses annexed to the charter was the Scanports cargo retention clause amended so as to read:
- In the event that any liquid and pumpable cargo as determined by an independent..
Online Published Date:
28 December 1991
Appeared in issue:
317 - 28 December 1991
The Breydon Merchant - Q.B.D. (Adm.Ct.) (Sheen J.) - 21 November 1991
The vessel Breydon Merchant
suffered a serious fire in the engine room in the English Channel. Salvage services were provided by Alexandra Towing Ltd. under Lloyd’s Standard Form. In order to make it unnecessary for the salvors to exercise..
Online Published Date:
28 December 1991
Appeared in issue:
317 - 28 December 1991
The motor vessel P - Q.B.D. (Com.Ct.)
(Evans J.) - 5 December 1991
The buyers agreed to buy the vessel P from the sellers under a memorandum of agreement. Completion date was 9 July 1991. By that date the parties were in dispute over the ship’s condition. Completion was delayed..
Online Published Date:
28 December 1991
Appeared in issue:
317 - 28 December 1991