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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.

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