|
The "Peng Yan"
Hong Kong Special Administrative Region: High Court: Admiralty Jurisdiction
Reyes J.: 25 August 2008: HCAJ 76/2007 and 12/2008
SHIPPING: COLLISION: CARGO CLAIMS IN HONG KONG AGAINST THE NON-CARRYING VESSEL:
LIMITATION FUND TO BE ESTABLISHED IN PRC: WHETHER CLAIMS IN HONG KONG SHOULD BE
STAYED ON GROUNDS OF FORUM NON CONVENIENS (FORUM NOT APPROPRIATE)
Owners of The Vessel
"Voutakos" v. Tsavliris Salvage (International) Ltd
English High Court: Queen’s Bench Division: Admiralty Court: David Steel
J.: [2008] EWHC 1581 (Comm): 10 July 2008
SALVAGE: ARBITRATION AWARDS UNDER LLOYD’S OPEN FORM: TOWAGE: EXISTENCE AND
APPLICABILITY OF "DISPARITY PRINCIPLE": SIGNIFICANCE OF COMMERCIAL
TOWAGE RATES IN FIXING SALVAGE AWARDS: INTERNATIONAL CONVENTION ON SALVAGE 1989
ART.13(1)(f)
The "Vicky 1"
English Court of Appeal: Sir Anthony Clarke MR, Dyson and Jacob LJJ.: [2008]
EWCA Civ 101: 26 February 2008
SHIPPING: COLLISION: MEASURE OF DAMAGES FOR LOSS OF A FIXTURE BY REASON
OF COLLISION REPAIRS: WHETHER THE "BALLAST/LADEN" METHOD IS APPLICABLE
IN ALL CIRCUMSTANCES: WHETHER THE "TIME EQUALISATION" METHOD IS
APPLICABLE IN APPROPRIATE CASES: WHETHER DAMAGES UNDER THE LATTER METHOD SHOULD
BE REDUCED ON THE PRINCIPLES OF LOSS OF A CHANCE
Trans-Tec
Asia v. M/V "Harmony Container"
United States of America: United States Court of Appeals for the Ninth
Circuit: Judges M. M. McKeown, A. Kozinski, A. W. Tashima, 2008 U.S. App. LEXIS
5143: March 11, 2008
SHIPPING: CONTRACT FOR SUPPLY OF BUNKERS: CHOICE OF US LAW AS PROPER LAW:
CONTRACT PROVIDED MARITIME LIEN FOR NECESSARIES: BUNKERS SUPPLIED ABROAD BY AND
TO NON-US PARTIES: WHETHER CONTRACTUAL MARITIME LIEN ENFORCEABLE
Chan
Kwai Ha v Wong Chick Bun
Hong Kong Court of Appeal: Ma, CJHC, Stone and Reyes, JJ: CA (2008) CACV
200/2007:
27 February 2008
COLLISION BETWEEN TUG AND TOW: WHETHER CLAIM BY TOW OUT OF TIME UNDER MERCHANT
SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE 1997: COLLISION
CONVENTION 1910: WHETHER TIME LIMIT IN CONVENTION AND ORDINANCE APPLIED TO
CONTRACTUAL CLAIMS: MEANING OF ‘FAULT’: WHETHER APPROPRIATE TO EXERCISE
COURT’S DISCRETION TO EXTEND TIME LIMIT
1.
International Transportation Service Inc. v. The Owners of the vessels
"Convenience Container", "Kingdom Container" and
"Liberty Container" and Florens Container Inc. as Intervener;
2. Rudolf A. Oetker KG v. The Owners of the Vessels "Convenience
Container", "Kingdom Container", "Liberty Container"
and "Mandarin Container";
Hong Kong: Hong Kong Court of Appeal: Ma, CJHC., Stone & Reyes JJ.: CACV
234-240/2006: 16 July 2007
FOREIGN LIQUIDATION: ADMIRALTY JURISDICTION: HONG KONG COURT ORDINANCE
s.12(B)(4)(i): MEANING OF ‘BENEFICIAL OWNERSHIP’: RELEVANCE OF INSOLVENCY
LAW TO HONG KONG ADMIRALTY JURISDICTION: WHETHER CLAIMS WHERE WRITS WERE ISSUED
AFTER JUDICIAL SALE WERE TOO LATE TO PARTICIPATE IN DISTRIBUTION OF PROCEEDS OF
SALE: PROCEEDS OF SALE IN ADMIRALTY
World Fuel Services
(Singapore) Pte Ltd v. Florens Container Inc. ("The Liberty
Container")
Hong Kong SAR: Court of Final Appeal: Mr Justice Bokhary, Mr Justice Chan
and Mr Justice Ribeiro PJJ, Mr Justice Nazareth NPJ and Lord Millett, NPJ: 16
May 2007
PARTY IN LIQUIDATION: CREDITOR FUNDED LITIGATION: S.52(A) HONG KONG HIGH COURT
ORDINANCE: S.265(B) HONG KONG COMPANIES ORDINANCE: WHETHER FUNDER SUBJECT TO
COSTS ORDER: CRITERIA TO BE APPLIED
Central
Hudson Gas & Electric Corp. v. The Tug M/V Scott Turecamo and Others
United States of America: United States District Court for the Southern
District of New York; William C. Conner; 496 F.Supp. 2d 331; July 25, 2007
SHIPPING: DAMAGE TO UNDERWATER PIPELINE: MEASURE OF DAMAGES: WHETHER PIPELINE
SHOULD BE REPLACED: WHETHER BY RECONFIGURING ITS DELIVERY SYSTEM, PLAINTIFF ‘MADE
WHOLE’: WHETHER DAMAGED PIPELINE SHOULD BE REMOVED
The Owners of the
Vessel "CSAV Tokyo" v. The Owners of the Vessel "KMTC Hong
Kong"
Hong Kong High Court: Admiralty Court: Waung J.: HCAJ 164/2004: 4 August
2006
ADMIRALTY: COLLISION: ADMISSION OF LIABILITY BY THE DEFENDANTS: PLAINTIFFS’
WRIT ISSUED WHEN CLAIM ALREADY TIME-BARRED: HONG KONG MERCHANT SHIPPING
(COLLISION DAMAGE, LIABILITY AND SALVAGE) ORDINANCE : EXTENSION OF TIME FOR
ISSUING WRIT: TEST TO APPLY: "GOOD REASON" MUST BE SHOWN: IGNORANCE OF
THE DEFAULTING PARTY: CONDUCT OF THE DEFENDANTS
1.
International Transportation Service Inc. v. The Owners of the vessels
"Convenience Container", "Kingdom Container" and
"Liberty Container" ;2. Rudolf A. Oetker KG v. The Owners of the
Vessels "Convenience Container", "Kingdom Container",
"Liberty Container" and "Mandarin Container"
Hong Kong High Court: Court of First Instance, Admiralty Action No. 150,
151, 153, 268, 270, 271 and 272 of 2003: Waung J.: 5 June 2006
MEANING OF BENEFICIAL OWNERSHIP ON LIQUIDATION: INTER-ACTION BETWEEN HONG KONG
ADMIRALTY JURISDICTION AND INSOLVENCY LAW: CROSS-BORDER EFFECT OF LIQUIDATION
Owners
and/or Demise Charterers of the m/v "Eleftheria" v Owners and/or
Demise Charterers of the m/v "Hakki Deval"
English Commercial & Admiralty Court: David Steel J (sitting with
Captain Ian Gibb and Captain Nigel Pryke as Nautical Assessors): [2006] EWHC
2809 (Comm): 9 November 2006
COLLISION: ADMIRALTY PRACTICE: CASE MANAGEMENT CONFERENCE ORDERS: ADMISSIBILITY
OF SEAMANSHIP AND NAVIGATIONAL EXPERT EVIDENCE IN ADDITION TO ASSISTANCE OF
NAUTICAL ASSESSORS: COLLISION REGULATIONS, RULE 19
The "Mezen"
Singapore High Court: Daphne Hong Fan Sin AR: [2006] SGHC 35: 23 February
2006
Invocation of ADMIRALTY JURISDICTION:
Whether equipment onboard a ship within scope of "goods carried in a
ship"
Crowley Marine
Services Inc. v. Maritrans Operating Company LP
United States Court of Appeals for the Ninth Circuit, opinion by Hon. M.
Margaret McKeown, Docket No. 04-35724, 2006 U.S. App. LEXIS 11368 (9th Cir. May
8, 2006)
COLLISION REGULATIONS: SPECIAL CIRCUMSTANCES UNDER RULE 2(B): WHETHER OPERATING
IN CONCERT IN ACCORDANCE WITH AGREED MANEUVRES CONSTITUTES SPECIAL CIRCUMSTANCES
Anton Durbeck GmbH v Den
Norske Bank ASA
English High Court: Commercial Division: Clarke J.: 11 November 2005
DEFAULT UNDER SHIP MORTGAGE: ARREST BY MORTGAGEE: JUDICIAL SALE OF SHIP: TOTAL
LOSS OF PERISHABLE CARGO: WHETHER MORTGAGEE LIABLE TO CARGO OWNER: PROPER LAW:
POSITION UNDER LAW OF PANAMA: WHETHER ARREST IN BAD FAITH OR MADE WITH INTENTION
OF HARMING CARGO OWNER: WHETHER ARREST REASONABLE: POSITION HAD ENGLISH LAW
APPLIED
Treasure Valley Group Ltd v Saputra Teddy and Another (Ultramarine Holdings Ltd,
intervener)
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 217: 21 November 2005
Admiralty: Whether VESSEL WAS WRONGFULLY
ARRESTED: Whether Warrant of Arrest can be set aside after the vessel has been
sold pendente lite : DOCTRINE OF APPROBATION AND REPROBATION
Antara Koh Pte Ltd v. Eng Tou Offshore Pte Ltd
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 166: 5 September 2005
LIMITATION: SECTION 136 OF THE MERCHANT SHIPPING ACT: WHETHER LOSS OCCURRED
WITHOUT ACTUAL FAULT OR PRIVITY OF OWNER
The "Inai Selasih"
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 132: 25 July 2005
ADMIRALTY: ARREST: WHETHER CLAIM FELL WITHIN HIGH COURT ADMIRALTY JURISDICTION:
WHETHER DEFENDANT WAS CHARTERER OF, IN POSESSION OR IN CONTROL OF SHIP: WHETHER
ARREST WAS WRONGFUL
Amarantos Shipping
Co Ltd v The State of South Australia
Australia: Supreme Court of South Australia: Doyle CJ., Perry and White JJ.:(2004)
183 FLR 98: 15 September 2004
SHIPPING AND NAVIGATION: COLLISION OF VESSEL WITH JETTY WHILE UNDER
COMPULSORY PILOTAGE: LIABILITY OF SHIPOWNER FOR ACTS OF PILOT: LIMITATION OF
LIABILITY: IMPERIAL, STATE AND COMMONWEALTH LAWS: INCONSISTENCY OF LAWS: PRIMACY
OF COMMONWEALTH ENACTMENTS
Vestoil, Ltd. v. M/V
"M Pioneer"
United States: Court of Appeals for the Eleventh Circuit: Circuit Judges:
Birch, Carnes and Barkett: D.C. Docket No. 04-00770-CV-ORL-19-DAB: (Designated
Not for Official Publication): 19 September 2005
Maritime lien: Rule C: vessel arrest: in
rem jurisdiction: provision of bunkers: choice of law: Greek Law: whether greek
law provides a maritime lien for necessaries: whether maritime lien can be
created by contract
Safezone Pty Limited
v The Ship "Island Sun"
Australia: Federal Court of Australia: Lee J
[2004] FCA 1797: 12 December 2004
Application for arrest of a surrogate
vessel under s.19 of the Admiralty Act 1988 (Cth); whether the
"relevant person" was the
"owner" of the surrogate vessel under s.19
Tisand
(Pty) Ltd v The Owners of the Ship MV "Cape Moreton" (ex
"Freya")
Australia: Federal Court of Australia, Full Court: Ryan and Allsop JJ:
[2005] FCAFC 68; 29 April 2005
Admiralty:
proceedings in rem: whether the phrase "the owner" in Australia’s
Admiralty Act 1988 (Cth) necessarily includes the registered owner of a
vessel: where sale of vessel completed before commencement of proceeding but
after cause of action arose: where vendor, the presumptive debtor, remained
entered as owner on the Liberian
Register
Seismic
Shipping Inc and another v Total E&P UK plc ("The Western Regent")
English Court of Appeal: Clarke and Rix, LJJ., Sir Martin Nourse: [2005]
EWCA Civ 985: 29 July 2005
SHIPPING: ADMIRALTY JURISDICTION: COLLISION: CONVENTION ON LIMITATION OF
LIABILITY FOR MARITIME CLAIMS 1976, ARTICLES 10 AND 11: WHETHER LIMITATION
ACTION CAN BE BROUGHT WITHOUT ESTABLISHING LIMITATION FUND: WHETHER LIMITATION
ACTION CAN BE BROUGHT IN JURISDICTION WHERE NO CLAIM SUBJECT TO LIMITATION
BROUGHT: ANTI-SUIT INJUNCTION: UNCONSCIONABLE CONDUCT: COMITY
Tisand (Pty)
Ltd v The Owners of the Ship MV "Cape Moreton" (ex "Freya")
Australia: Federal Court of Australia, Full Court: Ryan and Allsop JJ
[2005] FCAFC 68; 29 April 2005
Admiralty: proceedings in rem:
whether the phrase "the owner" in Australia’s Admiralty Act 1988 (Cth)
necessarily includes the registered owner of a vessel: where sale of vessel
completed before commencement of proceeding but after cause of action arose:
where vendor, the presumptive debtor, remained entered as owner on the Liberian
Register
In re Otal
Investments Ltd. – the MV "Kariba"
United States: Federal District Court for the Southern District of New York:
No’s 03 Civ. 4304, 03 Civ. 9962, 04 Civ. 1107, 2005 U.S. Dist. LEXIS 5157 (S.D.N.Y.
8 July 2005) (not officially reported)
1976 Limitation of Liability Convention:
U.S. Limitation of Liability Act: international comity: extraterritorial effect:
limitation funds: in rem liability: in personam liability
Seismic
Shipping Inc and another v Total E&P UK plc ("The Western Regent")
English High Court: Queen’s Bench Division: Admiralty Division: Julian
Flaux QC: 22 March 2005: [2005] EWHC 460 (Comm)
COLLISION WITH WELL-HEAD MARKER BUOY: LIMITATION OF LIABILITY: MERCHANT SHIPPING
ACT 1995: CONVENTION FOR LIMITATION OF MARITIME CLAIMS 1976, ARTICLES 10 AND 11:
JURISDICTION: ANTI-SUIT INJUNCTION:WHETHER ESTABLISHMENT OF LIMITATION FUND
UNDER ARTICLE 11 A CONDITION PRECEDENT TO CLAIMING LIMITATION
THE "SEAWAY"
Singapore Court of Appeal: Chao Hick Tin JA, Tan Lee Meng J: [2004] SGCA 57:
29 November 2004
ADMIRALTY: VESSEL DAMAGED PRIVATE WHARF: WHETHER RIGHT TO LIMIT LIABILITY:
WHETHER PRIVATE WHARF IS "PROPERTY" WITHIN SECTION 136(1)(d) OF
SINGAPORE MERCHANT SHIPPING ACT: WHETHER RIGHTS INFRINGED THROUGH ACT OR
OMISSION OF ANY PERSON IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL
Owners of Cargo lately laden on
board the "LIAN SHUN" v. The Owners of the "LIAN SHUN"
Hong Kong Admiralty Court: Waung J.: 24 September 2004
Admiralty Jurisdiction:
Arrest of Vessel: Section 12E(1) of the High Court Ordinance: whether barge a
vessel and whether A vessel used in navigation
The "SUNRISE CRANE"
Singapore Court of Appeal: Chao Hick Tin JA, Judith Prakash J, Yong Pung How
CJ: 13 September 2004
VESSEL SUNK FROM DAMAGE BY CONTAMINATED NITRIC ACID TRANSFERRED FROM ANOTHER
VESSEL: DUTY OF CARE OWED BY OWNERS OF TRANSFEROR VESSEL TO INFORM OWNERS OF
RECIPIENT VESSEL OF CHARACTERISTICS OF DANGEROUS cargo:
WHETHER OWNERS OF TRANSFEROR VESSEL negligent: whether can limit liability:
whether "actual fault or privity"
Blue Nile Shipping
Co Ltd and others v Iguana Shipping and Financing Inc, owners of the ship
"Happy Fellow" and others
English Admiralty Court: David Steel J.: 26 June 2004
ADMIRALTY: CLAIMS FROM CHARTERERS: LIMITATION OF LIABILITY: OWNERS’ RIGHT TO
LIMIT IN RESPECT OF CLAIMS CONSEQUENT UPON DAMAGE TO THE VESSEL
City of Chicago v.
M/V Morgan
United States of America; Seventh Circuit Court of Appeals; No. 03-1789,
2004 U.S. App. LEXIS 14173; 9 July 2004
Maritime: allision: presumption of
fault: Application of the "Oregon" Rule
Tasman
Orient Line CV v. Alliance Group Limited and Others
New Zealand: High Court, Auckland: Williams J.: 21 August 2003
SHIPPING: LIMITATION OF LIABILITY: NEW ZEALAND MARITIME TRANSPORT ACT, 1994
("MTA"): INTERNATIONAL CONVENTION ON THE LIMITATION OF LIABILITY FOR
MARITIME CLAIMS, 1976: TIMECHARTERERS’ RIGHT TO LIMIT: SUB-TIME CHARTERERS:
PRECONDITIONS FOR LIMITATION DECREE: ADMISSION OF LIABILITY: ESTABLISHMENT OF
LIMITATION FUND: WHETHER COURT HAD POWER UNDER MTA TO REQUIRE FUND: WHETHER
INTERNATIONAL GROUP P&I CLUB LETTER OF UNDERTAKING ACCEPTABLE SECURITY
The "Seaway"
Singapore High Court: Belinda Ang J: [2003] SGHC 315: 30 December 2003
ADMIRALTY: VESSEL DAMAGED PRIVATE WHARF: WHETHER RIGHT TO LIMIT
LIABILITY: WHETHER PRIVATE WHARF IS "PROPERTY" WITHIN SECTION 136(d)
OF MERCHANT SHIPPING ACT: WHETHER RIGHTS INFRINGED THROUGH ACT OR OMISSION OF
ANY PERSON IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL
Complaint of Murmansk
Shipping as Owner and Manager of the M/V Ivan Susanin, for Exoneration from or
Limitation of Liability – The "Anangel Endeavour"
United States District Court, Eastern District of Lousiana, Hon. Sarah S.
Vance, Docket No. 00-2354, June 18, 2001
LIMITATION OF LIABILITY: MARITIME ATTACHMENT: COLLISION: BILL OF LADING:
BOTH-TO-BLAME CLAUSE: INDEMNITY: CONTINGENT CLAIMS
Moore v. MV Angela
United States Court of Appeals for the Fifth Circuit: No. 02-30441: 2003
U.S. App. LEXIS 24736;: 9 December 2003: Circuit Judges: Duhe, Garza and DeMoss
with Garza concurring in part and dissenting in part
maritime: longshoreman: in rem
jurisdiction: non-pecuniary damages: security: letter of undertaking
Freret Marine Supply v.
Harris Trust & Savings Bank: 73 Fed. Appx. 698 (5th Cir. 2003): Circuit
Judges: Garza, Dennis and Head
Effjohn Int’l Cruise Holdings, Inv. v. A&L Sales, Inc.: 346 F.3d 552 (5th
Cir. 2003): Circuit Judges: Smith, Barksdale and Duplantier
Maritime lien: necessaries: advances
THE "DILMUN FULMAR"
Singapore High Court: Belinda An J: 31 October 2003: [2003] SGHC 270
ADMIRALTY: ORIGINAL ACTION FOR OUTSTANDING REPAIR COSTS: REPAIR CLAIMS
COMPROMISED UNDER SETTLEMENT AGREEMENT: DEBTOR FAILED TO PAY UNDER SETTLEMENT
AGREEMENT: WHETHER REPAIRER CAN REVERT TO ORIGINAL ACTION AND RE-ARREST VESSEL
ICL Shipping Ltd
and Steamship Mutual Underwriting Association (Bermuda) Ltd v Chin Tai Steel
Enterprise Co Ltd and others
English Commercial Court: Colman J.: 10 October 2003
COLLISION: SHIP AND CARGO LOST: CARGO ARREST SISTER SHIP IN SINGAPORE: P&I
CLUB SECURITY PROVIDED IN SINGAPORE: LIABILITY TO BE DETERMINED BY LONDON
ARBITRATION: SUBSTANTIAL AWARD IN FAVOUR OF CARGO: MARITIME CLAIMS CONVENTION
1976: LIMITATION PROCEEDINGS COMMENCED IN ENGLAND: WHETHER CONVENTION APPLIES TO
ARBITRATION PROCEEDINGS: WHETHER INJUNCTION POSSIBLE AGAINST CARGO ENFORCING
SINGAPORE SECURITY
Sander v. Alexander
Richardson Investments
United States Court of Appeals for the Eighth Circuit: 334 F.3d 712: Judges
Hansen, Riley, and Chief Judge Beam: July 1, 2003
Admiralty: Exculpatory Clauses:
Negligence: Yacht Club: Slip Agreement: Whether Exculpatory Provision In Slip
Rental Agreement Enforceable
Admiral Chartering Ltd
v Owners of Ship or Vessel "Rainbow Spring"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Judith
Prakash J: 29 July 2003
ARREST OF DEFENDANT’S VESSEL FOR ACTION IN REM BASED ON TIME CHARTERPARTY –
WHETHER DEFENDANT WAS CONTRACTING OWNER UNDER TIME CHARTERPARTY SO THAT IN REM
JURISDICTION AGAINST VESSEL WAS ESTABLISHED – WHETHER WARRANT OF ARREST TO BE
SET ASIDE IN THE EVENT OF NON-DISCLOSURE OF MATERIAL FACTS
Mullane v. Chambers (The "Lady
B Gone")
U.S. Court of Appeals for the First Circuit: 333 F.3rd 322, 2003 U.S. App.
LEXIS 13032: Cyr and Stahl, Senior Circuit Judges, Lynch, Circuit Judge: 27 June
2003
SHIP SALE: "DOCUMENTED VESSEL": DELAY IN FILING BILL OF SALE: WHETHER
CREDITOR OF SELLER HAS PRECEDENCE OVER BUYER
Evergreen International S.A. v Volkswagen Group & Others - The "Ever
Glory"
Singapore High Court: Belinda Ang Saw Ean J: 27 June 2003
ANTI-SUIT INJUNCTION: IN-REM ACTION BROUGHT IN BELGIUM AGAINST SISTER SHIP OF
"EVER GLORY" AFTER "EVER GLORY" OBTAINED LIMITATION DECREE
IN SINGAPORE UNDER 1957 CONVENTION: WHETHER INJUNCTION AGAINST CLAIMANTS IN
BELGIUM
Owners of the ship ‘Borvigilant’
v Owners of the ship ‘Romina G’
English Court of Appeal: Peter Gibson, Clarke, and Dyson
LJJ.: [2003] EWCA Civ. 935: 8 July 2003
Collision;: terms of Kharg Terminal tug
hire: whether the owner of a chartered tug was party to the terms: agency:
actual authority: whether the tugowner exempt from liability and/or entitled to
indemnity: effect of causative unseaworthiness if result of want of due
diligence
Owners of Cargo on board
"Jutha Rajpruek" v Steamship Mutual Underwriting Association (Bermuda)
English Court of Appeal: Lord Phillips MR, Longmore and Sedley LJJ.: 10
March 2003
ADMIRALTY: LETTER OF UNDERTAKING: MEANING OF "COMPETENT COURT: WHETHER A
COURT COMPETENT TO ENTERTAIN SUBJECT MATTER OF CLAIM: WHETHER A COURT COMPETENT
BY HAVING BECOME SEIZED OF PROCEEDINGS
Admiral Chartering Ltd v
Owners of Ship "Rainbow Spring"
Singapore High Court: Belinda Ang JC:, 29 October 2002
ARREST OF RAINBOW SPRING SHIPPING’S VESSEL FOR ACTION IN REM BASED ON BREACH
OF TIME CHARTERPARTY – WHETHER RAINBOW SPRING SHIPPING WAS CONTRACTING OWNER
UNDER TIME CHARTERPARTY SO THAT IN REM JURISDICTION AGAINST VESSEL WAS
ESTABLISHED – WHETHER WRIT OF SUMMONS AND WARRANT OF ARREST TO BE SET ASIDE
– WHETHER NON-DISCLOSURE OF MATERIAL FACTS
RJ Tilbury and Sons (Devon) Ltd, v. The International Oil Pollution Fund 1971
(the"Sea Empress")
Court of Appeal: Kennedy, Chadwick and Mance LJJ, 7th February 2003
SHIPPING: OIL POLLUTION: LIABILITY: LIMITATION PROCEEDINGS: FISH PROCESSOR:
ECONOMIC LOSS: GOVERNMENT FISHING BAN: LOST PROFITS: Section 157 AND SCHEDULE 4
SECTION 153(1) MERCHANT
SHIPPING ACT 1995: CAUSATION: DIRECT ECONOMIC LOSS RECOVERABLE: INDIRECT ECONOMIC LOSS
NOT RECOVERABLE
Loic Ludovic Margolle
and another v Delta Maritime Company Limited and others
English Admiralty Court: Gross J.: 28 November 2002
COLLISION: LIMITATION OF LIABILITY: RECKLESS NAVIGATION: WHETHER OWNERS HAD
RELEVANT KNOWLEDGE THAT LOSS WOULD PROBABLY RESULT
Re Kuzma Gnidash
Hong Kong High Court: Admiralty: Waung J: [2001] HKEC 929:
August 2001
ADMIRALTY JURISDICTION: ACTIONS IN REM: HIGH COURT ORDINANCE
s.12A (h) AGREEMENT RELATING TO THE USE OF A SHIP: AGREEMENT TO DEPLOY SHIPS IN
CONTAINER TRADE
Sumitomo Corporation (Singapore) Pte Ltd v The Owners of the
Ship "Alexandrea"
Singapore High Court: Belinda Ang Saw Ean, JC: [2002] 3 SLR 56:
23 April 2002
SUPPLY OF CONTAMINATED BUNKERS BY BUNKER TANKER: WHETHER
ADMIRALTY JURISDICTION MAY BE INVOKED FOR A CLAIM IN NEGLIGENCE AGAINST BUNKER
TANKER: WHETHER CLAIM FALLS WITHIN SECTIONS 3(1)(l) AND 4(4) HIGH COURT
(ADMIRALTY JURISDICTION) ACT OF SINGAPORE
Bank One Louisiana N.A. v. M/V MR. DEAN
United States Court of Appeals for the Fifth
Circuit: Judges Garwood, Wiener and Fallon: June 10, 2002.
Priority of maritime lien for breach of charter:
inchoate lien: perfected lien.
Alegrete Shipping Co. Inc. v. International Oil Pollution Compensation Fund
& R J Tilbury & Sons (Devon) Ltd
English Admiralty Court: David Steel J.: 29 May 2002
SHIPPING: OIL POLLUTION: LIABILITY: LIMITATION PROCEEDINGS: FISH PROCESSOR:
ECONOMIC LOSS: GOVERNMENT FISHING BAN: LOST PROFITS: Section 157 AND SCHEDULE 4
SECTION 153(1) MERCHANT
SHIPPING ACT 1995: CAUSATION: FORESEEABILITY OF DAMAGE: DEVELOPMENT OF
EXCLUSIONARY PRINCIPLE: DIRECT ECONOMIC LOSS RECOVERABLE: INDIRECT ECONOMIC LOSS
NOT RECOVERABLE
RMS Titanic, Inc. v. Wrecked and Abandoned Vessel, R.M.S.
Titanic and Others
United States Fourth Circuit Court of Appeals: Wilkins, Niemeyer
and King: 286 F.3d 194 (4th Cir. 2002): April 12, 2002
Maritime: R.M.S.
Titanic: Salvage: Finds: Wreck: Salvage Lien: Salvor In Possession: Exclusive
Salvage Rights: Salvage Award: Whether Salvor Is Entitled To Title In Salved
Property
Sweet v Royal National Lifeboat Institution
English Admiralty Court: Tomlinson J: January 2002
ADMIRALTY: PERSONAL INJURY: PSYCHIATRIC INJURY: RECOGNISED PSYCHIATRIC
INJURY: LIMITATION: TWO YEAR LIMITATION PERIOD UNDER S.190 MERCHANT SHIPPING ACT
1995: DIFFERENCES FROM SIMILAR PROVISIONS IN S.8 MARITIME CONVENTIONS ACT 1911:
PARLIAMENTARY INTENTIONS: DATE INJURY SUFFERED: DIAGNOSIS: APPLICATION TO STRIKE OUT: EVIDENCE CONTRADICTORY: ISSUES TO BE TRIED
Schoeller Holdings Limited v. Beneficial Owners of Hull CZ007; Fiora Shipping
Co. Limited as Intervener
Hong Kong High Court: Admiralty: Waung J: November 2001
ADMIRALTY: ARREST OF SHIP: MOTION TO RELEASE SHIP FROM ARREST: MATERIAL
NON-DISCLOSURE IN AFFIDAVIT IN SUPPORT OF ARREST WARRANT: ‘PERSONAL HONOUR
SECURITY’ PROVIDED UNDER PRIOR ARREST: PROPERTY MORTGAGE ALSO ALLEGEDLY
PROVIDED AS SECURITY: WHETHER PRIOR SECURITY ADEQUATE: TEST OF ADEQUATE
SECURITY: WHETHER REAL ESTATE CAN BE ADEQUATE SECURITY: WHETHER SECOND ARREST
VEXATIOUS AND OPPRESSIVE: CHANGE OF OWNERSHIP: PROCEEDINGS COMMENCED BEFORE
CHANGE OF OWNERSHIP: LACK OF ADEQUATE SECURITY FROM FIRST ARREST: VESSEL MUST
EARN FREEDOM FROM FUTURE ARREST: PROPER APPROACH TO PROCEEDINGS IN FOREIGN
COURTS: COMITY OF NATIONS
Tug Allie-B Inc. v. United States
11th Circuit Appeals Court: 2001 WL 1453910: 16 November 2001
Case note contributed by Healy & Baillie LLP of New York, attorney Jana
N. Byron
LIMITATION: LIMITATION ACT 1851: CLAIMS UNDER PARK SYSTEM RESOURCES
PROTECTION ACT (‘PSRPA’), 1990: WHETHER CLAIMS UNDER PSRPA SUBJECT TO
LIMITATION ACT: CONFLICT OF STATUTES: MORE RECENT AND SPECIFIC PREVAILS
Hyundai Heavy Industries v. M/V 'Saibos'
US Federal Court for the Northern District of Alabama: 163 F. Supp. 2d 1307,
2001 W.L. 1149040: June 20, 2001
Case note contributed by Healy & Baillie LLP, New York, Attorneys Glen
Oxton and Brian P. Devine
VESSEL CONSTRUCTION CONTRACTS: MARITIME CONTRACTS: ADMIRALTY JURISDICTION:
MARITIME LIENS: SHIP DELIVERED TO OWNERS: KEY EQUIPMENT STILL TO BE ADDED: SHIP
A ‘PROPOSED VESSEL’ NOT AN ‘EXISTING VESSEL’: STATUS TO BE JUDGED WHEN
CONTRACTS CONCLUDED, NOT WHEN CONTRACTS PERFORMED
Zarkovic Stanko v. Owners of the ‘Mara’
Singapore Court of Appeal: July, September 2000: [2000] 4 SLR 156
Case Note submitted by Ang &
Partners, International Contributors for Singapore
ADMIRALTY JURISDICTION: PERSONAL INJURY SUSTAINED IN COURSE OF SHIPBOARD
EMPLOYMENT: CLAIM FOR COMPENSATION UNDER EMPLOYMENT CONTRACT: WHETHER THAT CLAIM
WITHIN ADMIRALTY JURISDICTION OF COURT
PERSONAL INJURY: DAMAGES IN BOTH CONTRACT & TORT: CLAIM IN TORT SETTLED:
WHETHER CLAIMANT STILL ENTITLED TO CONTRACTUAL CLAIM
Gowen Inc. v. F/V 'QUALITY
ONE'
US Federal Court: First Circuit Court of Appeals:
244 F.3d 64: March 2001
Case note contributed by Healy & Baillie, New York, attorney Jana N.
Byron
FISHING VESSEL: SUPPLY OF NECESSARIES: FEDERAL MARITIME LIEN
ACT: FISHING PERMITS: WHETHER APPURTENANCES: WHETHER SUBJECT TO MARITIME LIEN
Ultimate Lady Limited v. the "Northern Challenger"
New Zealand High Court, Admiralty Register: Williams J.: Unreported:
September 2001
CLAIMS IN REM UNDER NZ ADMIRALTY ACT 1973, S.4(1)(D), (E) AND S.5(2)(B):
DAMAGE ‘DONE BY A SHIP’: DAMAGE RECEIVED BY A SHIP: PERSON IN POSSESSION OR
CONTROL OF A SHIP: POSITION OF INDEPENDENT CONTRACTOR: NEGLIGENCE: VOLUNTARY
ASSUMPTION OF RISK: CONTRIBUTORY NEGLIGENCE: RULE IN RYLANDS V. FLETCHER:
NUISANCE: WHETHER APPLICABLE IN MARITIME CONTEXT: BETTERMENT
|