by michael | Apr 11, 2018 | Charter Party Cases
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,...
by michael | Apr 9, 2018 | Charter Party Cases
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...
by michael | Apr 8, 2018 | Charter Party Cases
“always accessible” applies to entry and departure The facts The charter of the vessel was for carriage from the US Gulf to the Republic of Congo and Angola. The charter party, on an amended GENCON 1994 form, provided: “10. Loading port or place (Cl.1) 1 good...
by michael | Apr 6, 2018 | Charter Party Cases
Associated ship arrested to provide additional security – onus on applicant to prove reasonable and genuine need on a balance of probabilities The facts Bocimar NV, a Belgian corporation, concluded a contract with the International Colombia Resources Corporation of...
by michael | Apr 4, 2018 | Charter Party Cases
Bill of lading holder entitled to full damages from ship owners for damaged cargo irrespective of compensation received from sellers in terms of separate contract of sale. The facts Bills of lading issued by the master of the vessel, a refrigerated cargo ship,...
by michael | Mar 26, 2018 | Charter Party Cases
Associated ship arrest – arbitration award obtained to invoke indemnity under LOI – such award held to be a maritime claim justifying the arrest of an associated vessel The facts Hilane Ltd was the owner of the Sheng Mu. It concluded a voyage charter party on...
