The Lu Shan - Q.B.D. (Adm.Ct.) (Sheen J.) - 23 May 1991

Practice - Admiralty action in rem brought by cargo owners against colliding vessel - Whether writ should be amended to add additional plaintiff after expiry of limitation period

The vessel Botany Triad was damaged in a collision with the vessel Lu Shan off the coast of South Africa on 6 December 1985. Part of Botany Triad’s cargo of transformer oil was lost. That oil had been shipped under two bills of lading. The oil shipped under bill of lading no 1 was the subject of a contract of sale between Seacoast Petroleum Inc. and BP South Africa Pty Ltd. (“B.P.”). The oil shipped under bill of lading no 2 was the subject of a contract of sale between Seacoast and Castrol South Africa Pty Ltd.