Difference between revisions of "Admiralty"
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− | [[ | + | DMC/SandT/19/04 |
+ | |||
+ | '''England''' | ||
+ | |||
+ | '''NatWest Markets plc v Stallion Eight Shipping Co SA | ||
+ | |||
+ | '''English Commercial Court: Teare J: [2018] EWHC 2033 (Admlty): 31 July 2018:[[[https://www.onlinedmc.co.uk/index.php/Natwest_Markets_v_Stallion_Eight_Shipping_Co_-_The_Alkyon]]]] | ||
+ | |||
+ | '''SHIP ARREST: ADMIRALTY JURISDICTION: APPLICATION FOR RELEASE FROM ARREST UNDER CPR RULE 61.8(4)(B): WHETHER DEFENDANT ENTITLED TO CROSS-UNDERTAKING IN RESPECT OF POTENTIAL DAMAGES''' | ||
+ | |||
+ | |||
+ | DMC/SandT/15/04 | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''The Alas renamed The Kombos: Hong Kong Court of First Instance: Ng J: HCAJ 241/2009: [2014] 4 HKLRD 160: 21 July 2014:[[http://www.onlinedmc.co.uk/index.php/The_Alas_renamed_The_Kombos]]''' | ||
+ | |||
+ | '''ADMIRALTY: WARRANT OF ARREST: SHIPOWNERS’ CLAIM FOR DAMAGES AND UNPAID HIRE: FOREIGN ARBITRAL AWARD NOT SATISFIED: NO BAR TO ACTION IN REM FOR CLAIM ARISING OUT OF AGREEMENT FOR USE OR HIRE OF THE SHIP''' | ||
+ | |||
+ | |||
+ | DMC/SandT/14/07 | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''Darby International Investment Ltd v Rong Tai International Shipping Ltd''' | ||
+ | |||
+ | '''Hong Kong Court of First Instance: Deputy High Court Judge B Chu: HCMP1438 of 2013: 2 December 2013:[[http://www.onlinedmc.co.uk/index.php/Darby_International_Investments_v_Rong_Tai_International_Shipping]]''' | ||
+ | |||
+ | http://www.hklii.hk/eng/hk/cases/hkcfi/2013/2031.html | ||
+ | |||
+ | '''MARITIME LAW: REGISTRATION OF VESSELS: VESSEL APPARENTLY REGISTERED IN MORE THAN ONE JURISDICTION: DECLARATION AS TO VALIDITY OF REGISTRATION IN HONG KONG: PURPOSE OF GRANTING DECLARATION''' | ||
+ | |||
+ | |||
+ | DMC/SandT/14/02 | ||
+ | |||
+ | '''Singapore''' | ||
+ | |||
+ | '''Singapore High Court''' | ||
+ | |||
+ | '''The “Turtle Bay” [2013] SGHC 165 : Judgment delivered by Belinda Ang Saw Ean J, 30 August 2013: [[http://www.onlinedmc.co.uk/index.php/The _Turtle_Bay]] | ||
+ | |||
+ | '''SALE OF VESSEL UNDER ARREST: WHEN DIRECT PRIVATE SALE OF VESSEL UNDER ARREST CONSTITUTES CONTEMPT OF COURT: PRINCIPLES AND EFFECT OF ADMIRALTY JUDICIAL SALE: WHEN COURT WILL SANCTION A DIRECT PRIVATE SALE''' | ||
+ | |||
+ | |||
+ | DMC/SandT/13/08 | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''Kulemesin Yuriy v HKSAR - The Neftegaz67''' | ||
+ | |||
+ | '''Hong Kong Court of Final Appeal: Ma CJ, Chan, Riberio and Tang PJJ and Lord Clarke of Stone-cum-Ebony NPJ: FACV No. 6 and 7 of 2012: 22 February 2013:[[http://www.onlinedmc.co.uk/index.php/Kulemesin_Yuriy_v_HKSAR_-_The_Neftegaz67]]''' | ||
+ | |||
+ | http://www.hklii.hk/eng/hk/cases/hkcfa/2013/15.html | ||
+ | |||
+ | '''COLLISION: OFFENCE OF ENDANGERING THE SAFETY OF OTHERS: STATE OF MIND REQUIRED FOR THE OFFENCE OF ENDANGERMENT: NARROW CHANNEL AS QUESTION OF FACT: SHIPPING AND PORT CONTROL ORDINANCE (CAP.313, LAWS OF HONG KONG)''' | ||
+ | |||
+ | |||
+ | DMC/SandT/13/05 | ||
+ | |||
+ | '''The “Decurion”''' | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''Hong Kong Court of Appeal: Fok, Chu JJA and McWalters J: CACV No.97 of 2012: 12 May 2012:[[http://www.onlinedmc.co.uk/index.php/The_Decurion_on_Appeal]]''' | ||
+ | |||
+ | http://www.hklii.hk/eng/hk/cases/hkca/2013/180.html | ||
+ | |||
+ | '''ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE''' | ||
+ | |||
+ | |||
+ | DMC/SandT/12/23 | ||
+ | |||
+ | '''Singapore''' | ||
+ | |||
+ | '''Singapore Court of Appeal''' | ||
+ | |||
+ | '''The “Bunga Melati 5” [2012] SGCA 46: Judgment delivered by VK Rajah JA, 21st August 2012: [[http://www.onlinedmc.co.uk/index.php/The_Bunga_Melati_5]] | ||
+ | |||
+ | '''ADMIRALTY JURISDICTION: WHETHER A GOOD ARGUABLE CASE ON THE MERITS REQUIRED: THE VASILIY GOLOVNIN EXPLAINED''' | ||
+ | |||
+ | |||
+ | DMC/SandT/12/19 | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''The “Decurion”''' | ||
+ | |||
+ | '''Hong Kong Court of First Instance: Reyes J: HCAJ No.141 of 2010: 4 May 2012: [[http://www.onlinedmc.co.uk/index.php/The_Decurion]] | ||
+ | |||
+ | '''ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE''' | ||
+ | |||
+ | |||
+ | DMC/SandT/12/12 | ||
+ | |||
+ | '''Malaysia''' | ||
+ | |||
+ | '''Sarawak Shell Berhad v South Sumatra Richfield Marine Pte Ltd (The “Red Gold”)''' | ||
+ | |||
+ | '''Malaysian Court of Appeal: Sulaiman Bin Daud JCA, Syed Ahmad Helmy Bin Syed Ahmad JCA and Anantham Kasinather JCA: 19 March 2012: [[http://www.onlinedmc.co.uk/index.php/Sarawak_Shell_v_South_Sumatra_Richfield_Marine_-_The_Red_Gold]]''' | ||
+ | |||
+ | '''ADMIRALTY: COLLISION BETWEEN OFFSHORE SUPPLY VESSEL AND FIXED OFFSHORE OIL PLATFORM: RIGHT OF VESSEL OWNERS TO LIMIT LIABILITY: WHETHER COLLISION CAUSED BY NEGLIGENCE OF OWNERS IN THE NAVIGATION OR MANAGEMENT OF VESSEL: WHETHER VESSEL OWNERS ENTITLED TO LIMIT LIABILITY DUE TO ABSENCE OF ACTUAL FAULT OR PRIVITY: MERCHANT SHIPPING ORDINANCE 1952 SECTION 360 VIZ. LIMITATION OF LIABILITY CONVENTION 1957''' | ||
+ | |||
+ | |||
+ | DMC/SandT/12/06 | ||
+ | |||
+ | '''The “Oriental Baltic”''' | ||
+ | |||
+ | '''Singapore High Court: Tan Lee Meng J : [2011] 3 SGHC 75: [[http://www.onlinedmc.co.uk/index.php/The_Oriental_Baltic]] | ||
+ | |||
+ | '''OWNERS OF VESSEL UNDER VOLUNTARY LIQUIDATION: IN REM PROCEEDINGS AGAINST VESSEL COMMENCED AFTER LIQUIDATION: PLAINTIFF FILED CAVEAT AGAINST RELEASE AGAINST VESSEL PRIOR TO LIQUIDATION: ACTION AGAINST COMPANY UNDER LIQUIDATION ORDINARILY STAYED UNDER THE COMPANIES ACT: WHETHER LEAVE SHOULD BE GRANTED TO PLAINTIFF TO CONTINUE WITH ITS ACTION''' | ||
+ | |||
+ | |||
+ | DMC/SandT/12/01 | ||
+ | |||
+ | '''The Netherlands''' | ||
+ | |||
+ | '''Furtrans Denzilick Ticaret Ve Sanayi AS (“Furtrans”) v Augusta Due Srl (“Augusta”): The "Constanza M”''' | ||
+ | |||
+ | '''Supreme Court of the Netherlands (“SCN”) (summary proceedings): Vice-President J.B. Fleers as Chairman and the judges A.M.J. van Buchem-Spapens, F.B. Bakels, C.E. Drion and G. Snijders LJN:BT2708, December 9, 2011:[[http://www.onlinedmc.co.uk/index.php/Furtrans_v_Augusta,_the_Constanza_M]]''' | ||
+ | |||
+ | '''CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952''' | ||
+ | |||
+ | |||
+ | DMC/SandT/11/27 | ||
+ | |||
+ | '''Singapore''' | ||
+ | |||
+ | '''The Sahand''' | ||
+ | |||
+ | '''Singapore High Court : Quentin Loh J : [2011] SGHC 27:[[http://www.onlinedmc.co.uk/index.php/The_Sahand]]''' | ||
+ | |||
+ | '''ARRESTS OF VESSELS IN SINGAPORE OWNED BY IRANIAN COMPANIES: ASSETS FREEZE IMPOSED BY UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1737, 1747, 1803 AND 1929: WHETHER SECURITY COUNCIL RESOLUTIONS REQUIRE IMPOUNDMENT OR DETENTION OF VESSELS OWNED OR CONTROLLED BY DESIGNATED PERSONS OR ENTITIES OR THEIR SUBSIDIARIES: EFFECT OF ASSETS FREEZE ON ARREST OF SHIPS PURSUANT TO ADMIRALTY JURISDICTION OF COURT''' | ||
+ | |||
+ | |||
+ | DMC/SandT/11/23 | ||
+ | |||
+ | '''Hong Kong''' | ||
+ | |||
+ | '''Birnam Ltd v The Owners of the Ship or Vessel “Hong Ming”, The “Hong Ming” | ||
+ | Hong Kong Court of First Instance: Reyes J: HCAJ No.105 of 2011: 26 August 2011:[[http://www.onlinedmc.co.uk/index.php/Birnam_v_The Hong_Ming]] | ||
+ | |||
+ | '''WARRANT OF ARREST: SETTING ASIDE: CLAIM FOR OWNERSHIP OF VESSEL PURSUANT TO A TERMINATED CONTRACT FOR SALE OF VESSEL: MATERIAL NON-DISCLOSURE: MISUSE OF THE ARREST PROCESS''' | ||
+ | |||
+ | |||
+ | DMC/SandT/11/19 | ||
+ | |||
+ | '''The Netherlands''' | ||
+ | |||
+ | '''Pianura Armatori SpA v Ferrari Shipping Agency G.A.The "Halcyon Star”''' | ||
+ | |||
+ | '''Court of Rotterdam (summary proceedings) : Mr A.F.L. Geerdes, LJN:BQ5031, October 7, 2010 (published May 19, 2011): [[http://www.onlinedmc.co.uk/index.php/Pianura_Armatori_v_Ferrari_Shipping]]''' | ||
+ | |||
+ | '''ARREST CONVENTION 1952 ART. 3(4) SECOND PARAGRAPH: ARREST OF VESSEL OWNED BY A VESSEL MANAGER FOR MARITIME CLAIMS AGAINST THE VESSEL MANAGER RELATING TO OTHER VESSELS NOT OWNED BY THE MANAGER''' | ||
+ | |||
+ | |||
+ | |||
+ | '''DMC/SandT/11/18 | ||
+ | |||
+ | '''England''' | ||
+ | |||
+ | '''The Owner of the Vessel “The Ocean Crown” and others v Five Oceans Salvage Consultants Ltd, “The Ocean Crown”''' | ||
+ | |||
+ | '''English High Court: Queen’s Bench Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[http://www.onlinedmc.co.uk/index.php/The_Ocean_Crown]]''' | ||
+ | |||
+ | '''SALVAGE: ASSESSMENT OF REMUNERATION: WHETHER RISK OF FUTURE ECONOMIC DOWNTURN SHOULD BE CONSIDERED IN APPLYING PRINCIPLE OF ENCOURAGEMENT: SCOPE OF THE PRINCIPLE IN THE AMERIQUE''' | ||
+ | |||
+ | |||
+ | DMC/SandT/11/15 | ||
+ | |||
+ | '''Canada''' | ||
+ | |||
+ | '''Société Telus Communications, Hydro-Québec and Bell Canada v Peracomo Inc., Réal Vallée and the fishing vessel Realice''' | ||
+ | |||
+ | '''Federal Court of Canada: Harrington J.: 2011 FC 494: 27 April 2011:[[http://www.onlinedmc.co.uk/index.php/Telus_Communications_v_Peracomo_Inc_and_Réal_Vallée]]''' | ||
+ | |||
+ | '''SHIPPING: SUBMARINE CABLE CUT BY SKIPPER OF FISHING VESSEL: WHETHER DAMAGE CAUSED INTENTIONALLY OR RECKLESSLY AND WITH KNOWLEDGE THAT 'SUCH LOSS' WOULD PROBABLY RESULT: WHETHER DEFENDANTS ENTITLED TO LIMIT LIABILITY UNDER THE 1976 LIMITATION CONVENTION, AS INCORPORATED INTO CANADIAN LAW''' | ||
+ | |||
+ | |||
+ | DMC/SandT/10/18 | ||
+ | |||
+ | Hong Kong | ||
+ | |||
+ | The “Hua Tian Long”[[http://www.onlinedmc.co.uk/index.php/Hua_Tian_Long]] | ||
+ | |||
+ | Hong Kong SAR Court of First Instance: Stone J in Chambers: HCAJ No. 59/2008: 23 April 2010 | ||
+ | |||
+ | http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000059_2008-70707.html | ||
+ | |||
+ | BREACH OF CONTRACT: DEFENDANT SHIPOWNER’S FAILURE TO PROVIDE VESSEL: CHINESE GOVERNMENT DEPARTMENT AS SHIPOWNER: CLAIM FOR SOVEREIGN IMMUNITY AND CROWN IMMUNITY: WAIVER AND SUBMISSION TO JURISDICTION | ||
+ | |||
+ | |||
+ | DMC/SandT/10/06 | ||
+ | |||
+ | '''The “Catur Samudra”''' [[http://www.onlinedmc.co.uk/index.php/The_Catur_Samudra]] | ||
+ | |||
+ | '''Singapore High Court: Judgment delivered by Steven Chong JC, 15 January 2010: [2010] SGHC 18''' | ||
+ | |||
+ | '''ADMIRALTY JURISDICTION : WHETHER CLAIM UNDER GUARANTEE IS A CLAIM “ARISING OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT''' | ||
+ | |||
+ | |||
+ | DMC/SandT/10/04 | ||
+ | |||
+ | '''Northrop Grumman Ship Systems, Inc v The Owners and/or Demise Charterers of the Ship or Vessel “Asian Atlas” ; | ||
+ | [http://www.onlinedmc.co.uk/index.php/The_%E2%80%9CAsian_Atlas%E2%80%9D)] | ||
+ | |||
+ | '''Hong Kong SAR Court of Appeal: Ma CJHC, Stone and Reyes JJ: CACV No. 257 of 2007: 23 April 2008 ([2008] 3 HKLRD 604''' | ||
+ | |||
+ | [http://www.hklii.org/hk/jud/eng/hkca/2008/CACV000257_2007-60848.html)] | ||
+ | |||
+ | '''ACTION IN REM UNDER HK HIGH COURT ORDINANCE, S.12A(2)(e): WARRANT OF ARREST: FOR “ANY CLAIM FOR DAMAGE DONE BY A SHIP”: SETTING ASIDE: MATERIAL NON-DISCLOSURE OF FACTS RELATING TO JURISDICTION''' |
Latest revision as of 21:35, 16 July 2019
DMC/SandT/19/04
England
NatWest Markets plc v Stallion Eight Shipping Co SA
English Commercial Court: Teare J: [2018] EWHC 2033 (Admlty): 31 July 2018:[[[1]]]]
SHIP ARREST: ADMIRALTY JURISDICTION: APPLICATION FOR RELEASE FROM ARREST UNDER CPR RULE 61.8(4)(B): WHETHER DEFENDANT ENTITLED TO CROSS-UNDERTAKING IN RESPECT OF POTENTIAL DAMAGES
DMC/SandT/15/04
Hong Kong
The Alas renamed The Kombos: Hong Kong Court of First Instance: Ng J: HCAJ 241/2009: [2014] 4 HKLRD 160: 21 July 2014:[[2]]
ADMIRALTY: WARRANT OF ARREST: SHIPOWNERS’ CLAIM FOR DAMAGES AND UNPAID HIRE: FOREIGN ARBITRAL AWARD NOT SATISFIED: NO BAR TO ACTION IN REM FOR CLAIM ARISING OUT OF AGREEMENT FOR USE OR HIRE OF THE SHIP
DMC/SandT/14/07
Hong Kong
Darby International Investment Ltd v Rong Tai International Shipping Ltd
Hong Kong Court of First Instance: Deputy High Court Judge B Chu: HCMP1438 of 2013: 2 December 2013:[[3]]
http://www.hklii.hk/eng/hk/cases/hkcfi/2013/2031.html
MARITIME LAW: REGISTRATION OF VESSELS: VESSEL APPARENTLY REGISTERED IN MORE THAN ONE JURISDICTION: DECLARATION AS TO VALIDITY OF REGISTRATION IN HONG KONG: PURPOSE OF GRANTING DECLARATION
DMC/SandT/14/02
Singapore
Singapore High Court
The “Turtle Bay” [2013] SGHC 165 : Judgment delivered by Belinda Ang Saw Ean J, 30 August 2013: [_Turtle_Bay]
SALE OF VESSEL UNDER ARREST: WHEN DIRECT PRIVATE SALE OF VESSEL UNDER ARREST CONSTITUTES CONTEMPT OF COURT: PRINCIPLES AND EFFECT OF ADMIRALTY JUDICIAL SALE: WHEN COURT WILL SANCTION A DIRECT PRIVATE SALE
DMC/SandT/13/08
Hong Kong
Kulemesin Yuriy v HKSAR - The Neftegaz67
Hong Kong Court of Final Appeal: Ma CJ, Chan, Riberio and Tang PJJ and Lord Clarke of Stone-cum-Ebony NPJ: FACV No. 6 and 7 of 2012: 22 February 2013:[[4]]
http://www.hklii.hk/eng/hk/cases/hkcfa/2013/15.html
COLLISION: OFFENCE OF ENDANGERING THE SAFETY OF OTHERS: STATE OF MIND REQUIRED FOR THE OFFENCE OF ENDANGERMENT: NARROW CHANNEL AS QUESTION OF FACT: SHIPPING AND PORT CONTROL ORDINANCE (CAP.313, LAWS OF HONG KONG)
DMC/SandT/13/05
The “Decurion”
Hong Kong
Hong Kong Court of Appeal: Fok, Chu JJA and McWalters J: CACV No.97 of 2012: 12 May 2012:[[5]]
http://www.hklii.hk/eng/hk/cases/hkca/2013/180.html
ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE
DMC/SandT/12/23
Singapore
Singapore Court of Appeal
The “Bunga Melati 5” [2012] SGCA 46: Judgment delivered by VK Rajah JA, 21st August 2012: [[6]]
ADMIRALTY JURISDICTION: WHETHER A GOOD ARGUABLE CASE ON THE MERITS REQUIRED: THE VASILIY GOLOVNIN EXPLAINED
DMC/SandT/12/19
Hong Kong
The “Decurion”
Hong Kong Court of First Instance: Reyes J: HCAJ No.141 of 2010: 4 May 2012: [[7]]
ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE
DMC/SandT/12/12
Malaysia
Sarawak Shell Berhad v South Sumatra Richfield Marine Pte Ltd (The “Red Gold”)
Malaysian Court of Appeal: Sulaiman Bin Daud JCA, Syed Ahmad Helmy Bin Syed Ahmad JCA and Anantham Kasinather JCA: 19 March 2012: [[8]]
ADMIRALTY: COLLISION BETWEEN OFFSHORE SUPPLY VESSEL AND FIXED OFFSHORE OIL PLATFORM: RIGHT OF VESSEL OWNERS TO LIMIT LIABILITY: WHETHER COLLISION CAUSED BY NEGLIGENCE OF OWNERS IN THE NAVIGATION OR MANAGEMENT OF VESSEL: WHETHER VESSEL OWNERS ENTITLED TO LIMIT LIABILITY DUE TO ABSENCE OF ACTUAL FAULT OR PRIVITY: MERCHANT SHIPPING ORDINANCE 1952 SECTION 360 VIZ. LIMITATION OF LIABILITY CONVENTION 1957
DMC/SandT/12/06
The “Oriental Baltic”
Singapore High Court: Tan Lee Meng J : [2011] 3 SGHC 75: [[9]]
OWNERS OF VESSEL UNDER VOLUNTARY LIQUIDATION: IN REM PROCEEDINGS AGAINST VESSEL COMMENCED AFTER LIQUIDATION: PLAINTIFF FILED CAVEAT AGAINST RELEASE AGAINST VESSEL PRIOR TO LIQUIDATION: ACTION AGAINST COMPANY UNDER LIQUIDATION ORDINARILY STAYED UNDER THE COMPANIES ACT: WHETHER LEAVE SHOULD BE GRANTED TO PLAINTIFF TO CONTINUE WITH ITS ACTION
DMC/SandT/12/01
The Netherlands
Furtrans Denzilick Ticaret Ve Sanayi AS (“Furtrans”) v Augusta Due Srl (“Augusta”): The "Constanza M”
Supreme Court of the Netherlands (“SCN”) (summary proceedings): Vice-President J.B. Fleers as Chairman and the judges A.M.J. van Buchem-Spapens, F.B. Bakels, C.E. Drion and G. Snijders LJN:BT2708, December 9, 2011:[[10]]
CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952
DMC/SandT/11/27
Singapore
The Sahand
Singapore High Court : Quentin Loh J : [2011] SGHC 27:[[11]]
ARRESTS OF VESSELS IN SINGAPORE OWNED BY IRANIAN COMPANIES: ASSETS FREEZE IMPOSED BY UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1737, 1747, 1803 AND 1929: WHETHER SECURITY COUNCIL RESOLUTIONS REQUIRE IMPOUNDMENT OR DETENTION OF VESSELS OWNED OR CONTROLLED BY DESIGNATED PERSONS OR ENTITIES OR THEIR SUBSIDIARIES: EFFECT OF ASSETS FREEZE ON ARREST OF SHIPS PURSUANT TO ADMIRALTY JURISDICTION OF COURT
DMC/SandT/11/23
Hong Kong
Birnam Ltd v The Owners of the Ship or Vessel “Hong Ming”, The “Hong Ming” Hong Kong Court of First Instance: Reyes J: HCAJ No.105 of 2011: 26 August 2011:[Hong_Ming]
WARRANT OF ARREST: SETTING ASIDE: CLAIM FOR OWNERSHIP OF VESSEL PURSUANT TO A TERMINATED CONTRACT FOR SALE OF VESSEL: MATERIAL NON-DISCLOSURE: MISUSE OF THE ARREST PROCESS
DMC/SandT/11/19
The Netherlands
Pianura Armatori SpA v Ferrari Shipping Agency G.A.The "Halcyon Star”
Court of Rotterdam (summary proceedings) : Mr A.F.L. Geerdes, LJN:BQ5031, October 7, 2010 (published May 19, 2011): [[12]]
ARREST CONVENTION 1952 ART. 3(4) SECOND PARAGRAPH: ARREST OF VESSEL OWNED BY A VESSEL MANAGER FOR MARITIME CLAIMS AGAINST THE VESSEL MANAGER RELATING TO OTHER VESSELS NOT OWNED BY THE MANAGER
DMC/SandT/11/18
England
The Owner of the Vessel “The Ocean Crown” and others v Five Oceans Salvage Consultants Ltd, “The Ocean Crown”
English High Court: Queen’s Bench Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[13]]
SALVAGE: ASSESSMENT OF REMUNERATION: WHETHER RISK OF FUTURE ECONOMIC DOWNTURN SHOULD BE CONSIDERED IN APPLYING PRINCIPLE OF ENCOURAGEMENT: SCOPE OF THE PRINCIPLE IN THE AMERIQUE
DMC/SandT/11/15
Canada
Société Telus Communications, Hydro-Québec and Bell Canada v Peracomo Inc., Réal Vallée and the fishing vessel Realice
Federal Court of Canada: Harrington J.: 2011 FC 494: 27 April 2011:[[14]]
SHIPPING: SUBMARINE CABLE CUT BY SKIPPER OF FISHING VESSEL: WHETHER DAMAGE CAUSED INTENTIONALLY OR RECKLESSLY AND WITH KNOWLEDGE THAT 'SUCH LOSS' WOULD PROBABLY RESULT: WHETHER DEFENDANTS ENTITLED TO LIMIT LIABILITY UNDER THE 1976 LIMITATION CONVENTION, AS INCORPORATED INTO CANADIAN LAW
DMC/SandT/10/18
Hong Kong
The “Hua Tian Long”[[15]]
Hong Kong SAR Court of First Instance: Stone J in Chambers: HCAJ No. 59/2008: 23 April 2010
http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000059_2008-70707.html
BREACH OF CONTRACT: DEFENDANT SHIPOWNER’S FAILURE TO PROVIDE VESSEL: CHINESE GOVERNMENT DEPARTMENT AS SHIPOWNER: CLAIM FOR SOVEREIGN IMMUNITY AND CROWN IMMUNITY: WAIVER AND SUBMISSION TO JURISDICTION
DMC/SandT/10/06
The “Catur Samudra” [[16]]
Singapore High Court: Judgment delivered by Steven Chong JC, 15 January 2010: [2010] SGHC 18
ADMIRALTY JURISDICTION : WHETHER CLAIM UNDER GUARANTEE IS A CLAIM “ARISING OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT
DMC/SandT/10/04
Northrop Grumman Ship Systems, Inc v The Owners and/or Demise Charterers of the Ship or Vessel “Asian Atlas” ; [17]
Hong Kong SAR Court of Appeal: Ma CJHC, Stone and Reyes JJ: CACV No. 257 of 2007: 23 April 2008 ([2008] 3 HKLRD 604
ACTION IN REM UNDER HK HIGH COURT ORDINANCE, S.12A(2)(e): WARRANT OF ARREST: FOR “ANY CLAIM FOR DAMAGE DONE BY A SHIP”: SETTING ASIDE: MATERIAL NON-DISCLOSURE OF FACTS RELATING TO JURISDICTION