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Oledan and Others v The Owners and/or Demise Charterers of the Ship or Vessel “King Coal” – Court of First Instance (Ng J) [2013] HKCFI 1699 – 16 October 2013
Admiralty
practice – Priorities – Applicant with no valid claim in rem arresting vessels in
capacity as assignee of master’s and crew’s wages – Applicant subsequently
seeking to be reimbursed out of proceeds of sale for its own costs of arrest
and maintenance in priority to all other claims – Whether applicant entitled to
priority over mortgagee
Online Published Date:
12 December 2013
Appeared in issue:
888 - 13 December 2013
Svitzer Salvage BV v Z Energy Ltd and Another – High Court in Admiralty (Goddard J) [2013] NZHC 2585 – 4 October 2013
Practice
– Summary judgment – Plaintiff salvor concluding short-term charter with owners
of bunker tanker to remove fuel oil from grounded vessel – Bunker tanker
already on long-term charter – Plaintiff suing owners and charterers of bunker
tanker seeking to set aside short-term charter for duress alternatively on
equitable grounds or pursuant to section 7 of 1989 Salvage Convention –
Defendants applying for summary judgment – Whether summary judgment should be granted
Online Published Date:
12 December 2013
Appeared in issue:
888 - 13 December 2013
ED&F Man Sugar Ltd v Unicargo Transportgesellschaft mbH (The “Ladytramp”) – Court of Appeal (Patten, Tomlinson and Christopher Clarke LJJ) [2013] EWCA Civ 1449 – 19 November 2013
Demurrage
– Delay – Loading of cargo delayed following fire destroying conveyor belt
system at loading terminal – Whether delay caused by “mechanical breakdown” –
Whether charterers entitled to rely on force majeure clause
Online Published Date:
12 December 2013
Appeared in issue:
888 - 13 December 2013
Vitol Bahrain EC v Nasdec General Trading LLC and Others – QBD (Comm Ct) (Males J) [2013] EWHC 3359 (Comm) – 1 November 2013
Practice
– Anti-suit injunction – Purchaser of fuel oil bringing proceedings in England
to establish it had acquired title – Defendants disputing that purchaser had
acquired title – Defendants applying to join purchaser to existing proceedings
in Fujairah – Whether purchaser entitled to anti-suit injunction restraining
joinder in Fujairah
Online Published Date:
12 December 2013
Appeared in issue:
888 - 13 December 2013