Lloyd's Maritime Law Newsletter
Furncan Marine Ltd v The Cargo of Woodpulp ex “MV Woodlands” - Federal Court (Trial Div) (Dube∾ J) - 15 June 1994
Time-charterers carry cargo for cargo owners on “liner in” basis - Stevedores appointed by time-charterers to load cargo - Time-charterers subsequently becoming insolvent - Whether stevedores entitled to restitutionary remedy against cargo owners on basis of equitable principle of unjust enrichment
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”). Pursuant to a contract of carriage entered
into with a number of shippers, the charterers caused various cargoes to be loaded on board the
MV Woodlands
using the stevedores’ services.