Author Archives: michael

588. Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”)[2019] EWHC 1213 (Comm)

BIMCO SupplyTime 2017 Charterparty for Offshore Support Vessels – clause 12 (e) -failure to dispute invoices precludes later recovery for off-hire events The facts Clause 12(e) required charterers to notify owners of disputed amounts in invoices presented and to pay undisputed amounts . Clause 12(g) provided for an audit of the owners’ books of account […]

587. K v A [2019] EWHC 118 (Comm)

FOB sale – payment obligation on buyers to pay into account nominated by sellers – buyers’ email account hacked resulting in payment to incorrect account – buyers liable for loss suffered by sellers The facts 5000 metric tonnes of Romanian sunflower meal was sold FOB Galati, Romania. Payment was to be in cash within 2 […]

580. Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd (“The Sea Master”) [2018] EWHC 1902 (Comm)

Holder of a bill of lading becoming party to the contract of carriage by virtue of s2 of COGSA 1992 bound by arbitration clause despite not having incurred liability by triggering events mentioned in s3 The voyage Seven thousand mt soyabean meal was shipped from San Lorenzo, Argentina, to Agadir and Casablanca (originally) and (eventually) […]

573. The “Seaspan Grouse” KZN Local Division, case no’s 69 & 70/2018, 26 February 2018

Protective writ issued before sale of vessel upheld

The facts

Two German single-ship owning companies arrested this vessel as an associated ship in respect of charter claims against Hanjin.

As in the Mare Traveller change of ownership  took place before arrest but after issue of the protective writ.

Interested parties applied for the setting aside of the arrest on the same arguments presented to Burger AJ in the Cape High Court. (more…)

572. The Monica S.; Owners of Cargo Laden on Ship Monica Smith v Owners of Ship formerly “Monica Smith” now “Monica S” [1967] 3 All ER 740

Proceedings in rem – properly brought by issue of writ and not affected by subsequent change of ownership of the vessel

 The facts

In November 1966, the plaintiffs, cargo owners, issued a writ in rem against ship owners, Smith Rederi Aktiebolaget, the Monica Smith, claiming damages for breach of contract .

In January 1967, the ship owners sold the ship to the defendants, Rederi Aktiebolaget Tankoil, who renamed her the Monica S.

On 9 February 1967, the writ was amended to reflect the changed details.

Tankoil applied for an order setting aside the amended writ or service of it. (more…)

571. Tebtale Marine Inc v MS Mare Traveller Schiffahrts GMBH & Co KG (the “Mare Traveller” and the “Mount Meru”) 2018 (2) SA 490 (WCC)

Protective writ set aside on basis that vessel no longer owned by entity liable

The facts

Creditors of Hanjin Shipping issued protective writs out of various South African courts against more than 70 Hanjin beneficially owned ships to facilitate their arrest in rem, as associated ships, when they called at local ports.

Tebtale, owners of Mount Meru, one of the vessels affected, applied to have her removed from the list.

Tebtale had purchased the Mount Meru after the issue of the writs and were not liable in personam to the particular creditor in question.

The Mount Meru found its way onto the list as a ship associated with the Mare Traveller, the vessel against which the creditor had a claim in personam. (more…)

570. Cargo laden and lately laden on board the MV Thalassini Avgi v MV Dimitris 1989 (3) SA 820 (A)

Security arrest – seminal case on requirements

  The facts

 The Thalassini Avgi loaded general cargo in various ports in the Far East, for carriage to various ports in the Middle East, including Aden, in the People’s Democratic Republic of Yemen.

The owner was Astromando Compania Naviera SA.

Astromando time chartered the vessel to Nippon Yusen Kaisha.

NYK issued bills of lading in respect of the various consignments of goods taken on board the ship including goods destined for consignees in South Yemen.

At Aden, a fire broke out on board the vessel damaging much of the cargo and the vessel.

The Yemeni consignees, being the holders of the bills of lading, arrested the Dimitris in Port Elizabeth as an associated vessel.

It was common cause that the Dimitris was an associated vessel.

The West England Shipowners Mutual Protection and Indemnity Association (Luxembourg) issued a letter of undertaking to obtain the release of the vessel confined to judgments in Japan and South Africa. (more…)