by michael | Feb 4, 2021 | Charter Party Cases
Demurrage – the nature of demurrage as liquidated damages – fundamental breach The facts The contract, referred to by Mocatta J at first instance as a “hybrid”, was a single voyage charter converted to provide for an undetermined number of voyages over a fixed two...
by michael | Nov 9, 2020 | Charter Party Cases
FOB sale – demurrage clause – parallel obligation to pay carrying charges The facts A parcel of wheat was sold FOB Damman, Saudi Arabia. The contract provided for demurrage, a guaranteed loading rate, sellers’ carrying charges if vessel arrived late and a right...
by michael | Aug 20, 2020 | Charter Party Cases
Formation of charterparty – lifting of subjects THE PROCEEDINGS This was a trial conducted by video link before Foxton J. Trafigura claimed damages from Nautica, owners of the oil tanker, managed by NJ Goulandris Maritime, for the reduction in profit obtained in a...
by michael | Jun 28, 2020 | Charter Party Cases
Bill of lading – named shipper found not to be party to the contract The proceedings This was an appeal in terms of section 67 of the Arbitration Act 1996, challenging the jurisdiction of a panel of arbitrators consisting of Clare Ambrose, Daniella Horton and...
by michael | Apr 24, 2020 | Charter Party Cases
Charterers instructing master to discharge without presentation of original bills of lading – deemed indemnity clause – owners held entitled to invoke – mandatory injunction granted to put up security to allow for the release of arrested VLCC The proceedings...
