- Home/Publications/Lloyd's Maritime Law Newsletter
Maintop Shipping Co Ltd v Bulkindo Lines Pte Ltd -(The "Marinicki") - QBD (Admlty Ct)(Belinda Bucknall QC sitting as a Deputy Judge of the QBD) - 29 July 2003
On 24 December 1999 the claimant owners chartered their vessel Marinicki to the defendant charterers on an amended NYPE form for "one Timecharter trip via safe port(s) ... intention Bulk Wheat from Vancouver to Indonesia". The charter provided..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Atlantic Yacht & Ship Inc v Sovereign Yachts (Canada) Inc and Anr (The "Status Quo") - Federal Ct (Trial Div)(Hargrave P) - 8 August 2003
The plaintiff entered into a marketing agreement with the first defendant shipbuilder ("Sovereign") whereby the plaintiff would provide marketing and brokering services for Sovereign at a commission of 5% of the price of vessels for which the..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Hally Press Ltd and Anr v Danzas AG and Ors - High Ct of New Zealand (Harrison J) - 15 July 2003
In December 1999 the plaintiff bought a printing press from Switzerland. The defendants arranged to fly the press to Auckland. The contract of carriage was subject to the Warsaw Convention and had a two year time limit for bringing "an action". ..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Limitation of liability - Vessel grounded due to negligent navigation of master - Whether sub-time charterers "Owners" within meaning of New Zealand limitation legislation - Whether loss or damage resulting from the personal act or omission of the sub-time charterers
Tasman Orient Line CV v Alliance Group Ltd and Ors (The "Tasman Pioneer") - High Ct of New Zealand (Williams J) - 21 August 2003
At about 0255 on 3 May 2001 the vessel Tasman Pioneer grounded in the Inland Sea of Japan and was required to be..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Bartholomew and Ors v Crowley Marine Services Inc (The "Sea Voyager") - US Court of Appeals (9th Circuit)(Donald P Lay, Alfred T Goodwin and Ronald M Gould Ct JJ) - 30 July 2003
The plaintiffs were crew members of the tug Sea Voyager, owned by the defendant salvage company, when it provided salvage services to another of the defendant's tugs, the Sea Vixen and its barge loaded with cargo. The plaintiffs sued the defendant..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Carlisle v Carnival Corporation and Ors (The "Ecstasy") - District Ct of Appeal of Florida (3rd District)(Cope and Ramirez JJ and Nesbitt, Senior Judge) - 27 August 2003
In March 1997 the Carlisle family embarked on a cruise aboard Carnival Corporation's cruise ship Ecstasy. During the cruise, 14 year old Elizabeth Carlisle felt ill with abdominal pain, lower back pain and diarrhoea and was seen several times in..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Canadian Imperial Bank of Commerce v The owners of the ships "Le Chêne No 1" and Ors - Federal Ct (Trial Div)(Snider J) - 14 July 2003
The principal issue in this case was whether, as against the proceeds of sale of four vessels, the vessels' mortgagee had priority over a claim by a chief engineer employed by the company which owned the vessels for severance pay or damages for..
Online Published Date:
03 October 2003
Appeared in issue:
623 - 03 October 2003
Budisukma Puncak Sendirian Berhad and Anr v HM The Queen in the Right in Canada and Ors (The "Lantau Peak") - Federal Ct (Trial Div) (Hargrave P) - 20 August 2003
The bulk carrier Lantau Peak was detained in Vancouver in April 1997 after inspection by two Canadian steamship inspectors. The inspectors considered that as a result of wastage of the ship's frames, major repair work was required as a condition of..
Online Published Date:
17 October 2003
Appeared in issue:
624 - 17 October 2003
Sander and Ors v Alexander Richardson Investments doing business as Yacht Club of St Louis - US Ct of Appeals (8th Circuit) (Hansen CJ, Beam and Riley Ct JJ) - 1 July 2003
The plaintiffs' pleasure boats, moored at the defendant's marina, were destroyed by fire when another boat moored at the marina caught fire as the result of the negligence of the defendant's agent in attempting to repair an earlier fuel leak. The..
Online Published Date:
17 October 2003
Appeared in issue:
624 - 17 October 2003
London Arbitration 16/03
The vessel was chartered on a Worldfood 95 charter as amended for a voyage from Nagoya to three named discharge ports with a cargo of bagged rice. The vessel was a small vessel with 3 holds and 2 x 15 ton cranes. The parties agreed the stowage of..
Online Published Date:
17 October 2003
Appeared in issue:
624 - 17 October 2003
FAL Oil Co Ltd and Anr v Petronas Trading Corporation Sdn Bhd - QBD (Com Ct)(Morison J) - 10 October 2003
The claimants contracted with the defendants ("Petco") for the sale of a cargo of high viscosity oil on c & f terms. There were two issues in this case. The first related to liability for the contamination of the oil by water. The second related..
Online Published Date:
31 October 2003
Appeared in issue:
625 - 31 October 2003
Newcastle Port Corporation v Pevitt & Ors (The "Robert Whitmore") - Supreme Court of New South Wales (Palmer J) - 1 October 2003
During the night of 28 July 2000 the plaintiff's pilot vessel, The Robert Whitmore collided with a dinghy in Newcastle Harbour. Three men in the dinghy were seriously injured with one of them later dying of his injuries. As a result, the injured men..
Online Published Date:
31 October 2003
Appeared in issue:
625 - 31 October 2003
ICL Shipping Ltd and Anr v Chin Tai Steel Enterprise Co Ltd and Ors (The "ICL Vikraman") - QBD (Com Ct)(Colman J) - 10 October 2003
On 26 September 1997 the vessel ICL Vikraman collided with another vessel in the Malacca Strait and sank with the loss of 26 lives and all her cargo. One of the cargo owners, Chin Tai Steel Enterprise Co Ltd ("Chin Tai"), a Taiwan corporation,..
Online Published Date:
31 October 2003
Appeared in issue:
625 - 31 October 2003