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Vitesse Yacht Charters SL and Ors v Spiers and Anr (The "Deverne II") - QBD (Admlty Ct) (Gross J) - 14 October 2003
The first claimants ("Vitesse") were the disponent owners of the motor yacht Deverne II, which was based at Mallorca. Vitesse chartered the yacht to one or both of the defendants, Miss Spiers and Mr Becker, for a week's holiday cruising between 30..
Online Published Date:
09 January 2004
Appeared in issue:
630 - 09 January 2004
Mediterranean Shipping Co SA v BPB Westroc Inc - Fed Court (Trial Div) (Lafrenière P) - 31 July 2003
The plaintiff carrier ("MSC") sought to recover from the defendant shipper ("Westroc") $65,187.62 freight for the carriage of Westroc's goods. Westroc denied liability on the ground that the freight had already been paid to JT Knight Export..
Online Published Date:
09 January 2004
Appeared in issue:
630 - 09 January 2004
The "Argun" (No 2) - Supreme Ct of South Africa (Marais, Farlam, Navsa, Cloete JJA and Jones AJA) - 19 September 2003
On 14 July 1999 the master and crew serving on board the vessel Argun in May 1999 (the first respondents) arrested the Argun in case no AC127/99 in respect of unpaid wages. On 23 July 1999 the master and crew of the Argun who had served on the..
Online Published Date:
09 January 2004
Appeared in issue:
630 - 09 January 2004
HSH Nordbank AG v MV "Baha Karahasan" - High Court (Durban and Coast Local Div) (Magid J) - 19 September 2003
The plaintiff Bank held a mortgage over the vessel Baha Karahasan. On 5 June 2003 the Bank arrested the vessel for payment of US$5,271,587 alleged to be due under the mortgage loan. The defendant vessel applied to set aside the arrest because (1)..
Online Published Date:
09 January 2004
Appeared in issue:
630 - 09 January 2004
Admiralty jurisdiction - Financial services provided by intermediary bank to cruise line operator whereby bank received customer payments from Visa and Mastercard and paid monies into accounts segregated by vessel name - Cruise line operator becoming insolvent - Bank incurring "charge back" liability to Visa and Mastercard
Following the insolvency of New Commodore Cruise Lines ("Commodore") and its vessel-owning affiliates, various creditors filed in rem claims against the cruise vessels Enchanted Capri and Enchanted Isle. The vessels were subsequently sold at public..
Online Published Date:
09 January 2004
Appeared in issue:
630 - 09 January 2004
DSL Corporation v Bulk Atlantic Inc, Handy Prince Ltd, and the ship "Handy Prince" her owners and all others interested in her - Federal Ct (Hargrave P) - 15 September 2003
A cargo of steel pipes carried on board the vessel Handy Prince from Turkey to Houston, Texas sustained damage. Proceedings were commenced in Canada on the last minute instruction of cargo underwriters in order to prevent the running of limitation..
Online Published Date:
23 January 2004
Appeared in issue:
631 - 23 January 2004
Bridge Oil Ltd v The Fund Constituting the Proceeds of the Sale of the MV "Mega S" (formerly the MV "Aksu") and Ors - High Ct of South Africa (Cape of Good Hope Provincial Div) (Cleaver J) - 12 June 2003
The issue in this matter was whether the applicant had a claim ranking above the claim of the third respondent ("the Bank"), which was the mortgagee of the vessel Mega S. The vessel had initially been registered in Turkey under the name Aksu. The..
Online Published Date:
23 January 2004
Appeared in issue:
631 - 23 January 2004
Astra Oil Co Inc v Rover Navigation Ltd (The "Emerald") - US Court of Appeals (2nd Cir) (Jacobs and Sotomayor Ct JJ) - 22 September 2003
On 10 November 2000 Rover Navigation Ltd ("Rover") chartered its vessel Emerald to AOT Trading AG ("AOT") for the carriage of a cargo of gasoil for AOT from Taiwan to the United States. The charterparty contained a New York arbitration clause. AOT..
Online Published Date:
23 January 2004
Appeared in issue:
631 - 23 January 2004
Maritrend Inc v Serac & Co (Shipping) Ltd (The "Sevilla Wave") - US Court of Appeals (5th Cir) (Wiener, Benavides and Dennis Ct JJ) - 16 October 2003
The plaintiff ("Maritrend") contracted with Serac & Co (Shipping) Ltd ("Serac"), the agent for an undisclosed charterer, to provide stevedoring services to the vessel Sevilla Wave in the Port of New Orleans. Maritrend was never paid for its..
Online Published Date:
23 January 2004
Appeared in issue:
631 - 23 January 2004
US Titan Inc v Guangzhou Zhen Hua Shipping Co Ltd - US District Ct (SDNY) (Conner Sr DJ) - 26 September 2003
On 5 August 1998 the US District Court for the Southern District of New York found that the petitioner ("Titan") and the respondent ("Guangzhou") were parties to a charterparty on the Shelltime 4 form containing a London arbitration clause, and..
Online Published Date:
23 January 2004
Appeared in issue:
631 - 23 January 2004