Polestar Maritime Ltd v YHM Shipping Co Ltd and Anr (The “Rewa”) – Court of Appeal (Sir John Thomas, President of the Queen’s Bench Division, Lloyd and Aikens LJJ) – 17 February 2012

Sale of ship – Norwegian Saleform – Documents to be provided on delivery – Whether sellers obliged to provide International Sewage Pollution Prevention Certificate – Whether vessel free of “detentions” at date of delivery – Whether buyers entitled to cancel MOA

Disputes arose following the sale of the vessel Rewa by the claimant sellers to the defendant buyers on the terms of an amended Norwegian Saleform 1993 (“NSF”) at a price of US$19 million. The Memorandum of Agreement (“MOA”) dated 23 July 2008 provided: