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Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co - House of Lords (Lord Templeman, Lord Goff, Lord Mustill, Lord Slynn and Lord Lloyd) - 25 July 1994
Pan Atlantic claimed payment from Pine Top under a contract of reinsurance. The defence was non-disclosure and misrepresentation. Pan Atlantic had not disclosed an insurance claim of $25,000 in relation to 1980, and had incorrectly stated that the..
Online Published Date:
04 October 1994
Appeared in issue:
389 - 04 October 1994
GF Co v Pan Ocean Shipping Co Ltd (The “Pan Queen”) - US Court of Appeals (9th Circuit) (Cynthia Holcomb Hall, Edward Leavy and Ferdinand F Femandez Ct JJ) - 5 May 1994
A cargo of wooden doorskins in cartons was carried by the defendant’s vessel Pan Queen
from Taiwan to American ports. The cargo was found to be damaged on discharge. The bills of lading contained the following clauses:
“RECEIVED from..
Online Published Date:
04 October 1994
Appeared in issue:
389 - 04 October 1994
London Arbitration 14/94
Having made two interim awards, the arbitration tribunal (comprising two very experienced London maritime arbitrators and a QC practising at the Commercial Bar) now had to consider the question of interest and costs. There was no dispute as to..
Online Published Date:
04 October 1994
Appeared in issue:
389 - 04 October 1994
ST Shipping and Transport Inc v The owners of the vessel “Skaw Prince” - High Court of Singapore (Amarjeet JC) - 30 July 1994
The vessel Skaw Princess
was time-chartered to the plaintiffs. The registered owners of the vessel named in the charterparty were Corsair Holdings Inc (“Corsair”), a Liberian Corporation. The plaintiffs subsequently claimed that about..
Online Published Date:
15 October 1994
Appeared in issue:
390 - 15 October 1994
Bocimar NV v Kotor Overseas Shipping Ltd - Appellate Division (Corbett CJ, Joubert, Goldstone and Nienaber JJA and Kriegler AJA) - 9 March 1994 (1994) (2) SA 563(A)
In this case, the Appellate Division held that where a party applied for a security arrest of a ship under section 5(3) of the Admiralty Jurisdiction Regulation Act 105 of 1983 as amended by the Admiralty Jurisdiction Regulation Amendment Act 87 of..
Online Published Date:
15 October 1994
Appeared in issue:
390 - 15 October 1994
Jones v Sea Tow Services Freeport NY Inc (The “Miss Jade II”) - US Court of Appeals (2nd Circuit) (Miner and Mahoney Ct JJ and Restani J) - 25 July 1994
The plaintiffs were the owners of Miss Jade II
, a 33 foot pleasure craft whose home port was Freeport, New York. Whilst navigating their boat from Essex, Connecticut to Freeport they were struck by a wave and rolled over, landing on Atlantic Beach,..
Online Published Date:
15 October 1994
Appeared in issue:
390 - 15 October 1994
Bally Inc v MV “Zim America” and others - US Court of Appeals (2nd Circuit) (Miner and McLaughlin Ct JJ and Conner DJ) - 20 April 1994
Bally purchased various leather goods from Italian manufacturers and arranged for their shipment to Bally’s warehouse in New Rochelle, New York. The shipments were delivered to a freight forwarder in Italy in August 1990. Cartons containing..
Online Published Date:
15 October 1994
Appeared in issue:
390 - 15 October 1994
Textainer Equipment Management BV v Baltic Shipping Company and the Motor Vessels “Nikolay Golovanov” and Others - Federal Court (Trial Div) (Muldoon J) - 29 August 1994
The plaintiff specialised in the leasing of multimodal containers to international shipping firms. Baltic Shipping Company (“Baltic”) was a shipowner operating, in international trade, a fleet of container vessels of which the Nikolay..
Online Published Date:
29 October 1994
Appeared in issue:
391 - 29 October 1994
Furncan Marine Ltd v The Cargo of Woodpulp ex “MV Woodlands” - Federal Court (Trial Div) (Dube∾ J) - 15 June 1994
The vessel MV Woodlands
was time-chartered to Tight Links Shipping Society Inc. The charterers’ agents negotiated rates for the loading of cargoes at Montreal with a stevedoring company, Furncan Marine Ltd (“the stevedores”)...
Online Published Date:
29 October 1994
Appeared in issue:
391 - 29 October 1994
The “Skadarlija” - District Court of Amsterdam - 19 January 1994
The ship was arrested by cargo interests in security for a cargo claim which they brought before the District Court of Amsterdam. The cargo interests relied on a newly introduced provision (Article 629) in the Dutch Code of Civil Procedure..
Online Published Date:
29 October 1994
Appeared in issue:
391 - 29 October 1994
Skaugen Petroleum Ltd v Astra Oil Co - Before Jack Berg, Lawrence J Jacobson and Klaus C J Mordhorst, Chairman - 1 September 1994
Astra Oil Company concluded a lighterage agreement with Skaugen Petrotrans Ltd to perform a lighterage operation involving a cargo of 360,000 bbls of high sulphur fuel oil on the tanker Mantinia
. The cargo was to be conveyed from the tanker to the..
Online Published Date:
29 October 1994
Appeared in issue:
391 - 29 October 1994
Atlantic Insurance Co Ltd v Pine Top Insurance Co - LMLN 389 4 October 1994
Our summary of Atlantic Insurance Co Ltd v Pine Top Insurance Co
LMLN 389 stated that, so far as the materiality point was concerned, the decisive influence test was rejected by the majority of the House of Lords, and went on to say that the true..
Online Published Date:
29 October 1994
Appeared in issue:
391 - 29 October 1994