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Margolle and Anr v Delta Maritime Co Ltd and Ors (The "Saint Jacques II") - QBD (Admlty Ct)(Gross J) - 28 November 2002
At about 0430 on 23 April 2001 the claimants’ motor fishing vessel Saint Jacques II collided with the first defendant’s vessel Gudermes in the English Channel. The second and third defendants were the owners of the cargo in Gudermes. ..
Online Published Date:
12 December 2002
Appeared in issue:
602 - 12 December 2002
Bayview Motors Ltd v Mitsui Marine and Fire Insurance Co Ltd and Ors - Court of Appeal (Tuckey and Hale LJJ and Sir Denis Henry) - 7 November 2002
In 1997 two shipments of cars were misappropriated by customs officers at Santo Domingo, Dominican Republic. The cars had been purchased from Toyota cif Santo Domingo from where the consignees had arranged transhipment to their place of business in..
Online Published Date:
12 December 2002
Appeared in issue:
602 - 12 December 2002
CIC International (SA)(Pty) Ltd t/a Saflink v Safmarine Agencies (Pty) Ltd t/a Anglo Mar - High Court (Cape of Good Hope Provincial Div)(Blignault J) - 15 October 2002
Cargo owners brought proceedings against the defendant. The defendant asserted that it was not a party to the bill of lading, and that it had signed the bill of lading as agent for the carrier, who was Safmarine and CMBT Lines NV (SCL) trading as..
Online Published Date:
12 December 2002
Appeared in issue:
602 - 12 December 2002
The owner of the MV "Aven" v Lona Trading (Pty) Ltd - High Court (Durban and Coast Local Div)(Msimang J) - 18 October 2002
The second applicant ("the shipowners") and the respondent ("the charterers"), conducted negotiations for a voyage charterparty of the second applicant ("the vessel") through their respective chartering brokers, Parimar Francharte SA of Paris, and..
Online Published Date:
12 December 2002
Appeared in issue:
602 - 12 December 2002
Ocean Wind Maritime SA v Bulk Asia Line (Pte) Ltd (The "Wisdom")- High Ct (Durban and Coast Local Div)(McCall J) - October 2002
The applicant obtained the arrest of the bunkers on board the vessel Wisdom. Subsequently, the intervener brought an application to set aside the arrest of the bunkers on the grounds that the intervener was the time charterer of the Wisdom at the..
Online Published Date:
12 December 2002
Appeared in issue:
602 - 12 December 2002
Hewison v Meridian Shipping Pte and Ors (The "Flex Installer") - Court of Appeal (Ward, Tuckey and Clarke LJJ) - 11 December 2002
The claimant suffered serious personal injuries while employed by the first defendant as an AB/crane operator on the cable-laying vessel Flex Installer which was owned by the third defendant and chartered to the second defendant. The defendants..
Online Published Date:
26 December 2002
Appeared in issue:
603 - 26 December 2002
MV "Ivory Tirupati" and Anr v Badan Urusan Logistik - Supreme Court of Appeal (Hefer AP, Scott, Farlam, Conradie JJA and Jones AJA) - 29 November 2002
Badan Urusan Logistik ("the respondents") were the owners of a cargo of Indian rice shipped on board the vessel Amer Prabha between India and Indonesia. The cargo was damaged, and on 11 December 1996 the respondents issued a writ in rem in Hong..
Online Published Date:
26 December 2002
Appeared in issue:
603 - 26 December 2002
United States Court declines to overturn "Great Circle" decision on "subject details" issue
There is an important difference between United States law and English law on the question whether a charterparty which has been fixed "subject details" is a binding contract. The position in English law is that there is generally no binding..
Online Published Date:
26 December 2002
Appeared in issue:
603 - 26 December 2002
Sabah Shipyard (Pakistan) Ltd v Islamic Republic of Pakistan - Court of Appeal (Pill and Waller LJJ and Sir Martin Nourse) - 14 November 2002
The claimant ("Sabah") was a Pakistan company owned by a Malaysian parent, and had been incorporated for the sole purpose of entering into certain agreements with the government of Pakistan ("GOP") and a state owned corporation, the Karachi..
Online Published Date:
26 December 2002
Appeared in issue:
603 - 26 December 2002