Lloyd's Maritime Law Newsletter

Sale of goods – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer’s rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller’s loss

Marine insurance – Cargo policy – Subrogation and recoupment – Under-insurance – Insurer disputing quantum of insured’s claim – Insurer paying insured AUS$425,000 to settle claim – Insured subsequently recovering significantly greater sum from contractual carrier – Quantification of insurer’s entitlement to recoupment

Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence