OT Africa Line Ltd v Magic Sportswear Corporation and Others - QBD (Com Ct) (Langley J) - 3 November 2004

Practice - Anti-suit injunction - Canadian courts permitting cargo claim to proceed in Canada notwithstanding exclusive English jurisdiction clause in bill of lading - Whether English Court should grant anti-suit injunction restraining defendants from continuing Canadian proceedings

This dispute arose out of an alleged short delivery of goods carried by the claimant ("OTAL") from New York to Monrovia. OTAL was an English company which also had offices in Toronto. The first and second defendants ("Magic" and "Blue Banana") were the cargo interests. Magic, the shipper, was a Delaware Corporation. Blue Banana, the receiver, was a Liberian Corporation.