Admiralty & Maritime Links - Recent Cases
Admiralty & Maritime Links - Recent Cases
Lists cases published in the last 6 months
- Australia - Federal Court
- Canada
- Eastern Caribbean Supreme Court
- Hong Kong
- India
- Malaysia
- Singapore
- South Africa
- United Kingdom
- United States
Australia - Federal Court
28 Oct 2024: Nick Scali Ltd v Lion Global Forwarding Pty Ltd [2024] FCA 1247
SHIPPING AND NAVIGATION - where applicant seeks urgent release of shipping containers held by the first respondent in exchange for payment into court as security of amounts owing by the applicant to the first respondent - contractual general and particular possessory lien - whether there is a serious question to be tried as a basis for interlocutory relief
18 Oct 2024: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Distribution) [2024] FCA 1220
ADMIRALTY - distribution of the proceeds of the fund arising from judicial sale of the vessel following determination of priorities - costs
1 Oct 2024: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Priorities) [2024] FCA 1149
ADMIRALTY - vessel owner's claim on demise charterer's liability to it for unpaid hire as instalments under a purchase lease - whether a general maritime claim - basis for proceeding in rem - whether charterer no longer the demise charterer at time proceeding commenced - whether charterer terminated the charter - whether owner accepted repudiation of the charter - whether charterer lost possession of the vessel and if so whether that terminated the charter - whether rights…
9 Aug 2024: Iveco S.P.A v The Ship Hoegh London [2024] FCA 901
ADMIRALTY - application by shipowner for release of vessel under arrest - whether vessel should be released from arrest - where writ as to arrest impermissibly cited corporations as relevant persons and melded in rem and in personam claims - costs of application for release
26 Jul 2024: CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824
SHIPPING AND NAVIGATION - Convention on Limitation of Liability for Maritime Claims (1976) given the force of law by the Limitation of Liability for Maritime Claims Act 1989 (Cth) - meaning and scope of Arts 2(1)(a) and (d) of the Convention - where vessel allided with two berthed tugs owned by Tasmanian Ports Corporation (TasPorts) - where tugs sank and became wrecks - where TasPorts claims against the owners of the vessel for the costs of the recovery, removal and disposal …
20 Jun 2024: Gordon v The Vessel "Southern Star" [2024] FCA 674
ADMIRALTY - where party-boat arrested for small claim - where three caveats against release, also small claims - where owner of vessel applies for release of vessel from arrest - where urgency arising from imminent commencement of charter - where parties close to agreeing security for release - whether vessel should be permitted to trade including delivery for charter while under arrest pending agreement on acceptable security - considerations - permission given subject to…
Eastern Caribbean Supreme Court
8 June 2024: Flying Dutchman Overseas Ltd and Another v The Port Authority and Another
India
29 September 2023: M/S Cargo Care International V Owners and Parties interested in the Vessel MV Norasia Tegesos and Others
Malaysia
19 October 2023: FIMbank Plc v Pemilik Dan/Atau Pencarter Demis Kapal Atau Vesel “Nika” Kini Dikenali Sebagai “Bao Lai” (No. IMO 9254513)
Singapore
28 February 2024: KFW IPEX-Bank GMBH v Owner of the Vessel "World Dream" (IMO NO 9733117) [2024] SGHC 56
9 February 2024: The "Sea Justice" [2024] SGHC 37
19 January 2024: Golden Pacific Shipping & Holdings Pte Ltd v Arc Marine Engineering Pte Ltd [2024] SGHC 15
29 December 2023: The “Sea Justice” [2023] SGHCR 24
20 December 2023: Bumi Jaya Salvage & Engineering Sdn Bhd v Brave Worth Shipping Co Ltd [2023] SGHCR 21
18 December 2023: Vallianz Shipbuilding & Engineering Pte Ltd v Owner of the vessel “ECO SPARK” [2023] SGHC 353
29 November 2023: Marchand Navigation Co v Olam Global Agri Pte Ltd and Another [2023] SGHC 339
21 September 2023: The "Navigator Aries" [2023] SGCA 26
7 July 2023: Owner of the Vessel “Navigator Aries” v Owner of the Vessel “Leo Perdana” [2023] SGCA 20
3 May 2023: Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd [2023] SGHC(A) 17 (pdf)
South Africa
19 July 2023: De Beers Marine (Pty) Ltd v Harry Dilley (Pty) Ltd [2023] ZASCA 110
22 June 2023: Freedom Under Law v Judicial Service Commission and Another [2023] ZASCA 103
United Kingdom
26 February 2024:Denver Maritime Ltd v Belpareil AS (The "Kiran Australia" and the "Belpareil") [2024] EWHC 362
ADMIRALTY – Collision – Apportionment – Dragging anchor – Negligence – Fault.
8 February 2024: Southeaster Maritime Ltd v Trafigura Maritime Logistics Pte Ltd (The "Aquafreedom") [2024] EWHC 255
CHARTERPARTY (TIME) – Fixture – Recap – Negotiations – Terms – Subjects – Counter offers.
29 January 2024:Eurobank SA v Momentum Maritime SA and Others [2024] EWHC 210
SHIP FINANCE – Mortgages – Bank claiming following loan default – Security over vessels – Vessels sold by port authority in private sale – Bank's duties – Summary judgment.
17 January 2024: Herculito Maritime Ltd & Ors v Gunvor International BV & Ors [2024] UKSC 2
Lord Hodge, Lord Hamblen, Lord Leggatt, Lady Rose, Lord Richards
SHIPPING - Insurance - Bills of lading - Cargo - Charterparties - General average - Marine insurance - Piracy - Ransoms - War risks - The Supreme Court considered the proper interpretation of a voyage charterparty and bills of lading for the purposes of determining liability for losses arising out the seizure of a cargo vessel by pirates.