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Mira Oil Resources of Tortola v Bocimar NV (The ‘Obo Venture’) - QBD (Com Ct)(Colman J) - 12 February 1999
On 29 January 1997 the vessel Obo Venture
was chartered on the Asbatankvoy form for the carriage of clean petroleum products from ports in Algeria to a range of discharge ports in various countries including Brazil. The charterparty had previously..
Online Published Date:
01 April 1999
Appeared in issue:
506 - 01 April 1999
Manatee Towing Company and anr v Oceanbulk Maritime SA and anr (The ‘Bay Ridge’) - QBD (Com Ct)(Rix J) - 4 March 1999
The plaintiffs, joint owners of the oil tanker Bay Ridge
, entered into negotiations with the first defendant for the sale of that vessel to it or a company to be nominated by it. Those negotiations were conducted with the help of the..
Online Published Date:
01 April 1999
Appeared in issue:
506 - 01 April 1999
The Nippon Fire & Marine Insurance Co v MV ‘Tourcoing’ and others - US Court of Appeals (2nd Circuit)(Cabranes and Straub Ct JJ and McCurn DJ) - 2 February 1999
The plaintiff was the insurer of a printing press carried on board the vessel Tourcoing
. The printing press had been carried in 13 containers. Several parts of the printing press were damaged during the course of unloading. The plaintiff had paid..
Online Published Date:
01 April 1999
Appeared in issue:
506 - 01 April 1999
Robb v F T Everard & Sons Ltd (The ‘Conformity’) - Court of Appeal (Evans, Thorpe and Potter LJJ) - 18 March 1999
The Chief Officer of the defendants’ vessel Conformity
was accidentally killed in the course of removing a Macgregor hatch cover with another crew member. The plaintiff was the widow of the deceased, and she claimed damages from the..
Online Published Date:
01 April 1999
Appeared in issue:
506 - 01 April 1999
R v Ministry of Agriculture Fisheries & Food, Ex parte Bray - QBD (Scott Baker J) - 23 March 1999
The applicant challenged, by way of judicial review, the confirmation by the Minister of Agriculture Fisheries and Food of a byelaw made by the Sussex Sea Fisheries Committee on 18 April 1996. The byelaw purported to prohibit fishing vessels over 14..
Online Published Date:
15 April 1999
Appeared in issue:
507 - 15 April 1999
Planmarine AG v Maritime and Port Authority of Singapore (The ‘Hurst’) - Court of Appeal (Yong Pung How CJ, Karthigesu JA and Lai Kew Chai J - 10 March 1999
The vessel Hurst
was arrested at Singapore on 14 March 1997. On 1 July 1997 the vessel was sold for S$1.9 million. The Maritime and Port Authority of Singapore (‘MPA’) raised a bill of S$433,755 for port dues for the period 2 March 1997..
Online Published Date:
15 April 1999
Appeared in issue:
507 - 15 April 1999
Owners of the MV ‘Fortune 22’ v Keppel Corporation Ltd - Cape Provincial Division (Thring J) - 28 June 1998
On 13 December 1996 the plaintiff shiprepairers issued proceedings in rem
in Hong Kong against the vessel Mount Ymitos
in which they claimed the balance of sums due in respect of repairs to the Mount Ymitos
carried out in Singapore. The writ was..
Online Published Date:
15 April 1999
Appeared in issue:
507 - 15 April 1999
Bank of Scotland v Fund Constituting the Proceeds of Sale of the MV ‘Golden North’ - Durban and Coast Local Division (McLaren J) - 13 March 1998
The vessel Golden North
was sold on 19 November 1996 for US$6.2 million, the proceeds of the sale constituting a fund in terms of section 3(11) of the Admiralty Jurisdiction Regulation Act 105 of 1983. A referee was appointed on 3 January 1997. On..
Online Published Date:
15 April 1999
Appeared in issue:
507 - 15 April 1999
Alternative Glass Supplies v M/V ‘Nomzi’ and Others - US District Ct (SDNY)(Michael B Mukasey DJ) - 30 December 1998
The plaintiff sued the defendant carrier and others for damage to cargo shipped from Newport News to Australia. The defendant carrier moved for partial summary judgment limiting its liability to $500 pursuant to section 1300 of COGSA.
The carrier..
Online Published Date:
15 April 1999
Appeared in issue:
507 - 15 April 1999
MSC Mediterranean Shipping Co SA v Polish Ocean Lines (The ‘Tychy’) - QBD (Admlty Ct)(Peter Gross QC sitting as a Deputy Judge of the QBD) - 26 March 1999
The plaintiff shipowners and the defendant charterers entered into an agreement dated 17 May 1993 providing for the plaintiffs to ‘charter’ container slots to the defendants on vessels operated by the plaintiffs. In support of their..
Online Published Date:
29 April 1999
Appeared in issue:
508 - 29 April 1999
Harbour and General Works Ltd v Environment Agency - QBD (Com Ct)(Colman J) - 19 February 1999
This was an application by the applicants for an extension of time for the commencement of an arbitration under a contract on the ICE Conditions of Contract. The Court had to consider the construction of section 12 of the Arbitration Act 1996,..
Online Published Date:
29 April 1999
Appeared in issue:
508 - 29 April 1999
S M Monirul Islam v MV ‘You Bang’ and Ors - Supreme Court (Appellate Division) (Afzal CJ, and Kamal, Rahman, Choudhury and Rahman JJ) - 23 February 1999
The plaintiff claimed compensation for alleged damages amounting to Tk 10,91,41,259/= (Taka ten crore ninety-one lakhs forty-one thousand two hundred and fifty-nine) caused to the cargo of cement carried by the Chinese vessel You Bang
. When the..
Online Published Date:
29 April 1999
Appeared in issue:
508 - 29 April 1999
Bank of Scotland v The Owners of the ship ‘Nel’ and Anr - Fed Ct (Trial Div)(Hargrave P) - 5 January 1999
The applicant (‘Canserv’) was the Vancouver shipping agent for the vessel Nel
who happened to be an ad hoc bunker supplier and now looked to retrieve the price of those bunkers - US$89,550 - from the value of the bunkers which were..
Online Published Date:
29 April 1999
Appeared in issue:
508 - 29 April 1999
Zim Israel Navigation Co Ltd v 3-D Imports Inc and Ors (The ‘Zim Montreal’) - US District Court (SDNY)(Ward DJ) - 10 December 1998
The plaintiff was the owner of the vessel Zim Montreal
. In November 1981 the vessel suffered a fire that damaged some of the cargo on board, including a portion of cargo owned by one of the defendants (‘the defendant’). A General..
Online Published Date:
29 April 1999
Appeared in issue:
508 - 29 April 1999