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The “Akademik Iosif Orbeli” - QBD (Admlty Ct)(Clarke J) - 5 December 1995
The plaintiffs were the owners of cargo which was on board the ship Polessk
which was totally lost in the South Atlantic in September 1993. They brought proceedings in England against the shipowners. The defendants applied to stay the actions on..
Online Published Date:
03 February 1996
Appeared in issue:
424 - 03 February 1996
Laemthong International Lines Co Ltd as the owners of the ship “Laemthong Pride” as the surrogate for the vessel “Nyanza” v BPS Shipping Ltd - Supreme Court of the Northern Territory (Angel, Mildren and Thomas JJ) - 3 November 1995
BPS Shipping Ltd (“BPS”) brought proceedings in rem
against Laemthong International Lines Pte Ltd (“Laemthong Singapore”) as owners of the vessel Laemthong Pride
as the surrogate for the vessel Nyanza
. BPS alleged that..
Online Published Date:
03 February 1996
Appeared in issue:
424 - 03 February 1996
Bouygues Offshore v Owner of the MT “Tigr” and Another - Cape Provincial Division (Farlam J) - 1995 (4) SALR 49
The applicant was the owner of a barge which had been grounded on the Cape Town coastline while being towed by a tug owned by the first respondent and chartered by the second respondent. The applicant sought confirmation of an order attaching the..
Online Published Date:
03 February 1996
Appeared in issue:
424 - 03 February 1996
Hughes v Clewley (The “Siben”) - QBD (Admlty Ct)(Clarke 1) - 5 September 1995
In 1991 the plaintiff and the defendant came to an agreement whereby the plaintiff agreed to swap his 65 foot ketch Siben
, a De Lorean motor car and a sum of money for a villa and a discotheque in Portugal said to have been owned by the defendant...
Online Published Date:
03 February 1996
Appeared in issue:
424 - 03 February 1996
Effort Shipping & Co Ltd v Linden Management SA (The “Giannis NK”) - Court of Appeal (Hirst, Morritt and Ward LJJ) - 30 January 1996
The plaintiff shipowners sued the shippers of cargo in respect of damage caused to their vessel in the course of carrying a cargo of groundnuts from Senegal to the Dominican Republic. The plaintiffs said that the vessel had been delayed as a result..
Online Published Date:
17 February 1996
Appeared in issue:
425 - 17 February 1996
Les Industries Perlite Inc and Others v The Owners of the “Marina Di Alimuri” and Others - Federal Court (Trial Div)(Nadon J) - 8 December 1995
The plaintiff cargo interests chartered the vessel Marina Di Alimuri
on the Gencon form for the carriage of “bulk harmless humus [i.e. peat moss] stowing maximum 55 cubic feet per metric ton”. The charterparty required the vessel to..
Online Published Date:
17 February 1996
Appeared in issue:
425 - 17 February 1996
Trans-Continental Textile Recycling Ltd v Partenreederei ms “Erato” and Others (The “Erato II” and “MSC Giovanna”) - Federal Court (Trial Div)(John A Hargrave Prothonotary) - 9 November 1995
A container of used clothing was carried overland from Vancouver to Baltimore, USA, and then carried on the vessel MSC Giovanna
from Baltimore to Antwerp, where the goods were placed in a new container for onward carriage to Ghana. They arrived in..
Online Published Date:
17 February 1996
Appeared in issue:
425 - 17 February 1996
Mackay v Scott Packing and Warehousing Co (Canada) Ltd - Federal Court of Appeal (Marceau, Decary and Robertson JJA) - 22 December 1995
The appellant sued a shipper for items lost or damaged in a trans-Atlantic move. The trial judge found that the respondent had been negligent in the performance of its contractual obligations, but he also found that the respondent was entitled to..
Online Published Date:
17 February 1996
Appeared in issue:
425 - 17 February 1996