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Lloyd's Law Reports Plus RSS feed

SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

Contract - Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute.

[2022] Lloyd's Rep. Plus 1

READIE CONSTRUCTION LTD v GEO QUARRIES LTD

Sale of goods – Goods not of correct quality – Contract term barring deduction from price – Whether applicable to abatement – Whether seller entitled to recover price – Sale of Goods Act 1979, section 49(2).

[2022] Lloyd's Rep. Plus 3

ADACTIVE MEDIA INC v INGROUILLE

Arbitration – Contract containing arbitration and jurisdiction clauses – Reconciliation – Enforcement of foreign judgment – Civil Jurisdiction and Judgments Act 1982, section 32.

[2022] Lloyd's Rep. Plus 4

BLACK SEA COMMODITIES LTD v LEMARC AGROMOND PTE LTD

Arbitration – Jurisdiction of arbitrators – Contract – Arbitration agreement – Sale agreement – Whether arbitration agreement concluded – Whether GAFTA arbitration clause incorporated by custom – Arbitration Act 1996, section 67.

[2022] Lloyd's Rep. Plus 19

TWW YACHTS SARL v THE YACHT “LORETTA” (NO 2)

Contracts – Sale of yacht – Parties having varied contract with condition that buyer show carriage contract for the transport of the yacht – Beneficial buyer concluding carriage contract – Specific performance ordered – Whether buyer entitled to credit for cost of cancelled carriage contract – MYBA standard terms, clause 41.

[2022] Lloyd's Rep. Plus 22

TWW YACHTS SARL v THE YACHT “LORETTA” (NO 3)

Procedure – Enforcement of judgment – Joinder of non-party – Party’s cooperation required for enforcement – Non-party a beneficial owner and in control of seller of yacht – Federal Court Rules 2011 (Cth), rule 9.05(1)(b)(i).

[2022] Lloyd's Rep. Plus 23

ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER

Jurisdiction – Personal injury to tourists on volcano island excursion – Carriage of persons – Application to serve process abroad – Agreement relating to carriage of persons by a ship – Requirement that proceedings be of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth) is satisfied – Admiralty Act 1988 (Cth), sections 4(1), 4(3)(f) and 9(1) – Federal Court Rules 2011 (Cth), rules 10.42 and 10.43.

[2022] Lloyd's Rep. Plus 25

SODZAWICZNY v MCNALLY

Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.

[2022] Lloyd's Rep. Plus 27

MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “TERAS BANDICOOT”

Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff’s claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.

[2022] Lloyd's Rep. Plus 42

MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “LAUREN HANSEN”

Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff's claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.

[2022] Lloyd's Rep. Plus 43

ZHD v SQO

Arbitration – Anti-suit injunction – Incorporation of arbitration clause into bill of lading – Order restraining defendant from continuing foreign proceedings and requiring action to have the proceedings stayed – Permission to serve outside the jurisdiction – Alternative service – Senior Courts Act 1981, section 37 – CPR 6.15, 6.27, 6.37, 62.5 and PD6B.

[2022] Lloyd's Rep. Plus 46