Woodstock Shipping Co. v. Kyma Compania Naviera S.A. (The Wave) - Mr. Justice Mustill - Q.B. (Com.Ct.) - Oct. 6, 7 and 15, 1980

Inherent jurisdiction of Court to make order enforcing undertaking

The plaintiffs, Woodstock Shipping Co., claimed damages from the defendants Kymer Compania Naviera S.A. in respect of the repudiation of a time charter-party said to have been concluded between the plaintiffs and the defendants on the vessel Wave . The defendants denied that a binding charter had been concluded. The trial date was fixed for July 14, 1980. On July 9, 1980 the defendants applied to adjourn the trial. Mr. Justice Robert Goff adjourned the trial to Oct. 6 on terms, inter alia , that the defendants undertook to execute a preferred legal mortgage over the Wave in favour of the plaintiffs on or before Aug. 1, 1980. No mortgage was executed. The plaintiffs applied to Mr. Justice Mustill for: -